I want to get a domain to set up a forum on for a band which is basically; bandnameforum.com But I was wondering if this would be ok? Would the fact that it'd basically be a fan site make it any better? Also, the band's name is an actual word aswell that has a completely different meaning when not talking about the band. Thanks.
Whether it's "ok" or not might depend on the band or their producer, if any. A fan site with no signs of commercial use like ads can also work.
There is a band with virtually every name. Like america, aeroplane or whatever else. So it'd be quite silly to sue those with band name forums. It seems okay to me. The band won't mind the free promotion either, haven't you seen all those official/unofficial fan sites and stuff. So you can go ahead.
A band could certainly sue, especially if they wanted the domain, or objected to commercialization of their trademark. Many trademark holders do not care if you think it is "free promotion". I own several trademarks and don't care if you think you are doing me a favor or not - and a trademark holder also has an obligation to protect their mark. You should get permission, or you could take the risk that you might have problems down the road. A domain name like "bandunofficialforums" would certainly be much less of a risk.
It appears okay to some to drive really fast in a 60-kph highway. While not all get caught, those that do pay a price. Don't let the "others are doing it" argument fool you into thinking it's okay. It's not always okay, especially if others have the law potentially on their side and are able to enforce it. Mjewel gave a few other things to consider. Be aware.
I read this thread totally wrong, I thought you were starting a band haha. Um, it sounds like a fan site, so I'm sure it'd be fine... I put "Trivium", a heavy metal, well rubbish band now, but it shows a few results with the "trivium" name in. http://www.google.co.uk/search?sourceid=navclient&hl=en-GB&ie=UTF-8&rlz=1T4DKUK_en-GBGB256GB256&q=trivium+fan+sites I'd be sketchy of using bandnameforum.whatever because that could be misleading and would end up in a possible law suit. All sites which are highly popular, with band names will probably contacted asking to change name, or so on. Like Dave said, its not everybody who gets caught, but if your one that stands out, you most definatly will. Hope this helps, J
You can use "bandnameforums.com" as long as you have a disclaimer stating for example. "this forum is not affiliated with bandname."
Wrong. A disclaimer doesn't prevent trademark infringement as the person needs to visit the site before they can read the disclaimer. You have gained the benefit of traffic to your site by riding the goodwill of a trademark you do not own.
Some of us are prone to giving our opinions and suggestions on the matter, regardless of their legal status. Nobody cares about the laws, until they bite you in the backside.
As far as I know, for the most part, it's alright with bands--unless you are making money off of it and are not sharing with the band themselves. I own a few fan sites for bands I like and it's never been an issue, but since I don't make any money off it, I don't think it would be, anyway. But to be safe, I would contact the band or the label and see what they think.
Thanks for the info everyone I did more research looking at information from pro "domain-ers" aswell as the info from here. Also it seems there are similar fan sites for the band with similar domains (one even has pretty much the exact band name as their domain) which have been up for years. For that one there is even a picture of one of the band members holding up a sticker of the fan site's name so it seems they don't mind