Book domain names

Discussion in 'Legal Issues' started by Matthew., Dec 24, 2006.

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  1. #1
    Hi,

    I recently registered www.deathlyhallowsLLLL.com and was wondering what the legal implications of having the Harry Potter book title in the domain was?

    Could i have any trouble/issues with this?
     
    Matthew., Dec 24, 2006 IP
  2. Crusader

    Crusader Peon

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    #2
    Yes you can run into legal issues. If the title is trademarked or copyrighted then you can basically lose the domain if the publishers lodge a complaint. The only way where you will be reasonably safe is if the site has content that has nothing to do with the Harry Potter series/books. That way they can't complain that you are profiting off of their trademarks and confusing their customers.

    This set of articles pretty much explains it in detail.
     
    Crusader, Dec 24, 2006 IP
  3. bccruzer

    bccruzer Peon

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    #3
    but really, its doubtful that they will sue you. there are harry potter fan sites all over.
    If you are scared, I'll take the name for a reasonable price
     
    bccruzer, Dec 24, 2006 IP
  4. mjewel

    mjewel Prominent Member

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    #4
    J. K. Rowling has a history of suing for domain names, including domains that include characters from her books. She has filed WIPO actions to recover domains. Your domain is certainly trademark infringement.

    Sometimes legitimate fan sites that are not commercial (do not have advertising or take in any revenue) are left alone - but I don't know Rowling's position on this.
     
    mjewel, Dec 24, 2006 IP
  5. pr0xy122

    pr0xy122 Peon

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    #5
    exactly, your probably promoting them rather than degrading he book.
     
    pr0xy122, Dec 24, 2006 IP
  6. Dave Zan

    Dave Zan Well-Known Member

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    #6
    I'm wondering why you registered the domain name in the first place.
     
    Dave Zan, Dec 25, 2006 IP
  7. slipxaway

    slipxaway Active Member

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    #7
    I've always been under the impression that book/movie titles weren't copyrighted, only the works themselves. This is evident in the fact that there are tons of books/movies with the same title. But going on this, if you develop a site that infringes on their intellectual property rights, then they would have a reason to come after you, but legally speaking, I don't think the domain name alone would be the reason.
     
    slipxaway, Dec 25, 2006 IP
  8. mjewel

    mjewel Prominent Member

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    #8
    We're not talking about copyright infringement - it's trademark infringement. A generic name may not be able to be trademarked, but a unique name can. (in the US, there is common law trademarks so you don't even need to file anything to have protection). The minute you put content relating to the trademark, it becomes infringement. i.e. "apple" is a generic term, so you could own apple.com without it being infringement, but the minute you put up content relating to computers, music, etc, it becomes infringement.

    There is absolutely no doubt that this domain name is trademark infringement - especially if it is used for anything related to Harry Potter.
     
    mjewel, Dec 26, 2006 IP