1. Advertising
    y u no do it?

    Advertising (learn more)

    Advertise virtually anything here, with CPM banner ads, CPM email ads and CPC contextual links. You can target relevant areas of the site and show ads based on geographical location of the user if you wish.

    Starts at just $1 per CPM or $0.10 per CPC.

I using the name of a celebrity in a domain illegal?

Discussion in 'Legal Issues' started by cowsgonemadd3, Nov 16, 2008.

  1. #1
    Can I use the name of a celebrity in a domain and not get it taken away from me if it gets popular?
    SEMrush
     
    cowsgonemadd3, Nov 16, 2008 IP
    SEMrush
  2. wwstewart

    wwstewart Well-Known Member

    Messages:
    713
    Likes Received:
    16
    Best Answers:
    0
    Trophy Points:
    140
    #2
    I think that would be legal. Fair use. I'm not positive, but I'm pretty sure it's ok.
     
    wwstewart, Nov 16, 2008 IP
  3. cowsgonemadd3

    cowsgonemadd3 Well-Known Member

    Messages:
    1,251
    Likes Received:
    18
    Best Answers:
    0
    Trophy Points:
    155
    #3
    Like say vindieselshouse.com
     
    cowsgonemadd3, Nov 16, 2008 IP
  4. login

    login Notable Member

    Messages:
    8,852
    Likes Received:
    349
    Best Answers:
    0
    Trophy Points:
    280
    #4
    You can use it, the chance of getting in trouble is zero.
     
    login, Nov 16, 2008 IP
    mentos likes this.
  5. cowsgonemadd3

    cowsgonemadd3 Well-Known Member

    Messages:
    1,251
    Likes Received:
    18
    Best Answers:
    0
    Trophy Points:
    155
    #5
    Great,thanks guys!
     
    cowsgonemadd3, Nov 16, 2008 IP
  6. Nonny

    Nonny Notable Member

    Messages:
    2,093
    Likes Received:
    120
    Best Answers:
    0
    Trophy Points:
    210
    #6
    Nonny, Nov 16, 2008 IP
  7. cowsgonemadd3

    cowsgonemadd3 Well-Known Member

    Messages:
    1,251
    Likes Received:
    18
    Best Answers:
    0
    Trophy Points:
    155
    #7
    I dont plan on naming a site after a celebrity....but using a celebs name like say

    mileycyruswithstyle.com

    Get it?
     
    cowsgonemadd3, Nov 16, 2008 IP
  8. wisdomtool

    wisdomtool Moderator Staff

    Messages:
    15,814
    Likes Received:
    1,364
    Best Answers:
    1
    Trophy Points:
    455
    #8
    IP being a large and every increasingly complicated field, I won't suggest just listening to those that post on the forum. No offense and not doubting their capability, but it is best to present the entire case and get a lawyer to double ensure, to avoid running into troubles in the future.
     
    wisdomtool, Nov 16, 2008 IP
  9. philosophy.Fool

    philosophy.Fool Banned

    Messages:
    170
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #9
    Yes to be 100% sure I would go to a lawyer, statistically speaking the odds are quite low in getting caught (trouble)>
     
    philosophy.Fool, Nov 16, 2008 IP
  10. wisdomtool

    wisdomtool Moderator Staff

    Messages:
    15,814
    Likes Received:
    1,364
    Best Answers:
    1
    Trophy Points:
    455
    #10
    Statistics is one thing but Murphy's Law seems to be always true.....

     
    wisdomtool, Nov 16, 2008 IP
    mentos likes this.
  11. cowsgonemadd3

    cowsgonemadd3 Well-Known Member

    Messages:
    1,251
    Likes Received:
    18
    Best Answers:
    0
    Trophy Points:
    155
    #11
    Pay a lawyer for registering a domain? A lawyer lives on my road but I don't want to ask him if using some celebs name is illegal when it comes to a domain. He won enough money in one case to pay for a nice house and land on our road.
     
    cowsgonemadd3, Nov 16, 2008 IP
  12. mentos

    mentos Prominent Member

    Messages:
    15,287
    Likes Received:
    473
    Best Answers:
    0
    Trophy Points:
    330
    #12
    Yes you can use.
    But don't use it for do illegal thing such as use it to talk bad about the artist etc
     
    mentos, Nov 16, 2008 IP
  13. MobileFun4U

    MobileFun4U Guest

    Messages:
    77
    Likes Received:
    2
    Best Answers:
    0
    Trophy Points:
    0
    #13
    It depends what you're using it for, if it's a fan site then I think the celeb will welcome it. If it's used for shady purposes like porn etc, then they'll prob take action.
     
    MobileFun4U, Nov 16, 2008 IP
  14. Dave Zan

    Dave Zan Well-Known Member

    Messages:
    2,320
    Likes Received:
    121
    Best Answers:
    2
    Trophy Points:
    115
    #14
    Heh, not really. You can find a few lawyers who specialize in domain disputes
    to answer a thing or two, though I blogged about a couple.

    Whether the celebrity domain name-sake will get taken or not indeed depends
    on how you intend to use it. If you put any hints of commercial use, including
    ads, that can boost the likelihood of that happening.

    OTOH, it also depends on what kind of celebrity we're talking here, especially
    if they're making money using their own name. If the one in question is indeed
    doing that, though, then no statistics on earth is going to stop that celebrity
    from disputing the domain name-sake.

    Then again, Intellectual Property (IP) isn't the only issue to be concerned on.
    There's also what's called "right of publicity", and there's a host of other legal
    matters like what MobileFun4U suggested.

    This isn't meant as "legal" advice, but rather some things to consider on what
    you're planning to do. And no, having a disclaimer isn't a magic shield, either,
    in case someone sees fit to say that'll like prevent you from having trouble.
     
    Dave Zan, Nov 18, 2008 IP
  15. RichardG87

    RichardG87 Peon

    Messages:
    134
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #15
    It's ok, but is depending on which purpose you are used those persons.
    Furthermore you are not mentioned they are names or photos...
    What I am suggesting don't go for this type of things.
     
    RichardG87, Nov 18, 2008 IP
  16. cowsgonemadd3

    cowsgonemadd3 Well-Known Member

    Messages:
    1,251
    Likes Received:
    18
    Best Answers:
    0
    Trophy Points:
    155
    #16
    What if I was using the celeb name in a money making blog? Or what if its for advice?

    What about say:
    Oprahwithcommonsense.com
    For a person who thinks they know more than oprah on things?
     
    cowsgonemadd3, Nov 18, 2008 IP
  17. TStarnes

    TStarnes Active Member

    Messages:
    118
    Likes Received:
    6
    Best Answers:
    0
    Trophy Points:
    60
    #17
    your shouldn't have any problems. The names of public figures falls under public domain.
     
    TStarnes, Nov 18, 2008 IP
  18. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    310
    #18
    If you are taking in money (running adsense, taking donations, membership fee, etc) you are operating a commercial website and using a celebrities name, as the domain name, opens the door for a lawsuit. Some celebrities don't care, others do. The guy who owned madonna.com spent over a million dollars trying to keep the domain, but lost, and it was turned over to the singer, who now owns the domain. There is a difference between a pure fan site and a site that is commercial. Unless you get permission, there is always going to be a chance you can lose the domain or be forced to spend vast sums of money in legal fees to keep it.
     
    mjewel, Nov 18, 2008 IP
  19. cowsgonemadd3

    cowsgonemadd3 Well-Known Member

    Messages:
    1,251
    Likes Received:
    18
    Best Answers:
    0
    Trophy Points:
    155
    #19
    But I am not using THEIR NAME as the domain. I am using it in the domain.
    What if I used Drphilshouse.com ?
     
    cowsgonemadd3, Nov 18, 2008 IP
  20. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    310
    #20
    Using a trademark in a domain name can still be infringement. Dr. Phil is a registered trademark and adding words in a domain name does not get around infringement. The example you gave would certainly be infringement if he decided to pursue it.
     
    mjewel, Nov 18, 2008 IP