Domain - MaxPayne.eu

Discussion in 'Legal Issues' started by rokaska, Jan 7, 2012.

  1. #1
    Hello guys. I have a question : what shall I do with this domain? I mean create a project / sell it / contact with rockstar ?
     
    rokaska, Jan 7, 2012 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    You should drop the domain and read up on registering domains that infringe upon others IP rights.
     
    mjewel, Jan 7, 2012 IP
  3. rokaska

    rokaska Peon

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    #3
    Sorry . My english news is average. :D I don't understand what are you saying. :)
     
    rokaska, Jan 7, 2012 IP
  4. Dave Zan

    Dave Zan Well-Known Member

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    #4
    Specifically, your domain name might infringe its trademark namesake. If you're aiming to make money off of the video game, which might be used as a trademark also by its owner, they might turn it into a problem for you.

    You might see others doing something similar and seemingly getting away with it. Think of it like seeing other drivers who beat the red light or speed limit not getting caught, but their behavior doesn't tell you if something is not allowed.

    Not everybody gets busted, of course. But if one is caught, they don't necessarily like the feeling of paying the price for it.

    Now, if you want to write something about the game without necessarily any commercial intent (even ads) of any kind, that might...might...be fine.
     
    Dave Zan, Jan 7, 2012 IP
  5. rokaska

    rokaska Peon

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    #5
    So i just can make site with only info about games ant movies? And i can't add any ads?
     
    rokaska, Jan 8, 2012 IP
  6. benjaminp

    benjaminp Guest

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    #6
    Then you MIGHT be OK, but there's no guarantee.

    Personally I'd just let it expire. I wouldn't spend time developing a website I could make no money with unless it was something I felt very passionate about.
     
    benjaminp, Jan 8, 2012 IP
  7. rokaska

    rokaska Peon

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    #7
    well I really don't know what to do. . . maybe contact rockstar and talk about it , maybe they would buy it
     
    rokaska, Jan 8, 2012 IP
  8. mjewel

    mjewel Prominent Member

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    #8
    You should never offer to sell a domain to the trademark holder. It's helps prove their case against you for a bad faith registration.
     
    mjewel, Jan 8, 2012 IP
  9. rokaska

    rokaska Peon

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    #9
    Thank you for advice.
     
    rokaska, Jan 8, 2012 IP
  10. MTUser2010

    MTUser2010 Active Member

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    #10
    As an attorney, I can say that you have received excellent advice here on the forums so far. What the previous posters have not made explicit, but have alluded to is that should the owner of the trademark, Max Payne, take an interest in a domain related to the trademark, if this issue is disputed in court when you lose, you would have to sell/transfer the domain to the trademark holder. The problem is you will not be selling/transferring it for what you paid for it, or what it might be worth. You will receive what the trademark holder could have purchased the domain for if no other party was interested, I.e., the cost to register it in the first place.
     
    MTUser2010, Jan 9, 2012 IP