American Idol Trademark Problem?

I have a three domain names I'm trying to sell, all start with the word "idol" and clearly they are targeting American Idol fans. I posted these on SitePoint to sell and I had a guy PM me with a ridiculous offer because he said the sites were infringing on their trademark.

I don't use the words "American Idol" in the domains...just "idol"...

what do you think?

 

i think it will depend on how you use them. Clearly if you become a threat to American Idol in any way, they may try to use it against you. However, if you are using it as something like a fansite, I dont think there is any harm. After all, your are actually advertising for them. I would be more careful about how you use anything like logos, contestant images, and that sort of thing.

 

I don't have time to develop them...just wanted to sell the damn things.

 

Well then... Sell them... You will get whatever someone is willing to pay.

 

American Idol is a trademark and you can't use the name without their permission. It doesn't make any difference if it is a fan site or not - although sometimes trademark owners allow usage which is non-commerical (meaning no income taken in on the site - adsense, membership, etc) - but without written permission, they can come forward at any time and demand the domain and even damages.

Unless you have permission from American Idol, you can't use a name that is clearly infringing upon their show or name. Many times trademark infringement depends on what the content of the site is. A domain name that, in itself, wouldn't be infringement becomes infringement when you put content that is related to the trademark on the site. For instance, the guy who owned Madonna.com wasn't infringing on the singer until he put content that related to the singer on the site. The singer was able to take the domain because of the content the former owner put on the site.

If someone was able to say the domain name itself would automatically be associated with the show, it is almost certainly trademark infringement- otherwise it would depend on how the site was developed.

 

Ok, so if I took, say, Idolchicks.com and made a forum site just talking about the women of AI, that would be trademark infringement?

 

IANAL, but that's very close to trademark infringement. The domain itself is fine, as the "idol" is in no way connected to American Idol. The minute you turn the website content into something related, however, the domain becomes associated with American Idol.

I would consult a lawyer on this.

 

What is "American Idol"?

 

IMHO idol is just a generic+brandable+prounounceable word and added to any other word on a domain does not infringe any tm otherwise it's connected to an already registerd tm.

 

Public Domain....

 

I'd say it would be pretty tough for American Idol to do anything about the domain name idolchicks.com even if it has american idol chicks in it.

But that wouldn't stop them trying.

Check out this story on Virgin...

http://money.cnn.com/2005/06/29/news/newsmakers/branson_suit/

 

You are not infringing on any trademark with a domain starting with "idol". You can make your domain just about whatever you wish and should never have any problems.

Sounds like someone just wanted to rip you off or just felt like bsing you.

 

Well, being ripped off and bs'd is par for the course in the domain business. I just wonder if it is a legitimate possibility that you make a site -- who cares what you call it, could dingleberry.com -- the implication in some opinions is that if you even TALK about a trademarked product (such as AI) you could conceivably be profiting from their trademark.

I think that's a bunch a hooey that could smack of first amendment arguments. Take a look at just about any board -- like this one and the way we throw Google around -- and you could make claims that folks are profiting off of a trademark.

Two things I'm grappling with here -- one, selling one of three "idol" domains and, two, allow my daughter to develop one of them an not worrying about being sued at the same time.

 

Haha just sell them then the liability is off of your hands.

Oh and if he's offering you money for the site, he's no representative of American Idol, so who cares?!
He's obviously interested in getting some copyright infringing for himself.

American Idol wouldn't swat at you unless you're seeing an income they want a part of.

 

I still believe, like I said in my first post. As long as you are not a threat to them in any way, they won't bother you.

by threat, I mean this. If you build a site centered around AI, with a domain focusing on AI, then try to market your site in a manner that suggests you are part of AI, then you have problems. Anything else is most likely just publicity for them, and they would be fools to attempt stopping you.

Hell, I dont think even a domain like AIsucks,com could be touched, as long as you were expressing opinions.

Again, if you want to sell the domains, then sell them for what they are worth. That value is only determined by what someone will pay for it, and claims of copyright are probably just attempts to get your price lowered. After all, didnt you say the person offered you money for it? If so, then he must not have been too concerned about copyrights.

 

I wouldn't say he offered me *money* for it...more like pocket change.

 

Didn't we already go thru this with "victoria's secret" a few years ago? The smaller company won out, if I remember right. they were allowed to keep their name "victor's secret" or something like that.

 

May well be the case in that example but Virgin Threads is no longer using that the name. Its now called 'Stars and Infinite Darkness'.

 

That's ashame. They could have probably won that suit. Guess its easier not to fight and waste all the money. Some of these mega-corps with money to sue everyone hamper the free market a little too much.

I thought victor's little secret should have lost to victoria's secret when the supreme court ruled, but virgin threads I think is a totally different case.

 

Most if not all fan sites will be OK. We own an American Idol Forum and use the word "Idol" in the domain. (sweet domain BTW) FOX, American Idol, or FremantleMedia would get a lot of neg. publicity if they made you take down your fan site.

Now.. if you where to use the domain in a way that looks bad upon the show then that would be a different story.

PM me your domain names.. I may be interested.