Trademark in Domain Name Cause to be Sued?

Discussion in 'Legal Issues' started by WebDivx, Jan 26, 2007.

  1. #1
    I am wanting to create a fan web site on a certain show. Let's take the example of the show "Heroes" which airs on NBC.

    If the producers of "Heroes" had a trademark for the character name of "Hiro Nakamura" and I decided to create a web site called Nakamura World and buy the domain NakamuraWorld.Com could I loose my domain and get sued?

    Even though it is a real name, for the example I am using "Nakamura" as a name people do NOT have in reality. Just from the show "Heroes". Also, the producers have the name "Hiro Nakamura" trademarked not "Hiro" or "Nakamura" but "Hiro Nakamura".

    So my question again is if I make a web site and register the domain name NakamuraWorld.Com could I possibly loose my domain and get sued (assuming the situation outlined above)?

    Thanks for the help!
     
    WebDivx, Jan 26, 2007 IP
  2. nicknick

    nicknick Peon

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    #2
    most fan sites work in favour of the stars so you might be okay. Trademarks and when people decide to sue is strange. do a search for other Nakamura sites to see if they use the name in the URL.

    I own a domain with the word Realtor in it and I can't use it because it is a registered trademark.
     
    nicknick, Jan 26, 2007 IP
  3. Dave Zan

    Dave Zan Well-Known Member

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    #3
    I'll add that many fansites whose domain names match those of trademarks do
    not appear to have any hint of commercial use on them. If they do, they most
    likely have secured permission from their respective trademark holders, or they
    haven't been caught yet. :eek:

    Then again, there are lots of unreasonable people in this world who have lots
    of money and the law potentially on their side. You don't want to risk their ire.

    Weigh your risks carefully. Good luck.
     
    Dave Zan, Jan 26, 2007 IP
  4. WebDivx

    WebDivx Peon

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    #4
    does any1 know any good law forums so I can ask lawyers (or law students) my question? i just want to make a site for my love for the show... not to get in trouble
     
    WebDivx, Jan 27, 2007 IP
  5. eldel

    eldel Banned

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    #5
    webdivx: provided you don't make any *trade* with the domain name (using adsense is trading), trademark laws don't apply. If you plan to make money with it, you need a written agreement from the trademark owner.
     
    eldel, Jan 27, 2007 IP
  6. Dave Zan

    Dave Zan Well-Known Member

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    #6
    intelproplaw.com
     
    Dave Zan, Jan 28, 2007 IP
  7. Kalyse

    Kalyse Peon

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    #7
    I think you will be okay and shouildnt worry that much.
     
    Kalyse, Jan 28, 2007 IP
  8. WebDivx

    WebDivx Peon

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    #8
    ahh... i was planning to use Adsense... but more so for site support purposes. i guess i'd be better off getting an original name
     
    WebDivx, Jan 28, 2007 IP