Hi DP Members, This is a serious thread, so don't think I am talking something rubbish. I will keep it as simple as possible so everyone who comes around here can show their view. I have been hired to work on a official site of a celebrity whose name I do not want to tell in public (let's assume the celebrity to be "X"). The official site of X is maintained by a web development company who also manage various other celeb sites apart from X. They aren't reliable as they make the official site of X as their source of traffic as they maintain a entertainment site. They have sponsored links at footers, Google adsense integrated all over and many links linked to other of their crap sites. These stuffs make the site look worse and updates are to the minimum. Now my client asked me to take over the site and wanted to know suggestions steps to move around so X can be the domain and website owner. I asked X to initiate for the domain transfer to other company and at first the company agreed but after the initiation of domain transfer, they have not responded and when asked they tell us some crap statements telling us its against their company policy to allow transfer of domain (which isn't in their policy). Also they are asking us to use the update of website but the hosting and domain will not be hand overred to us and more over the domain is not in the name of celebrity where in their name which they do not want to change. Now X has asked me suggestions to legally to acquire the domain name, as the very first reason is X does not want other company to handle the site and secondly if they dont want give us the domain, how to bring the site down since X does not want official site to be maintained by them and they just can't with the permission of X. And this has to resolved as soon as possible. So kindly suggest me the best possible way to move ahead with this issue, which would help X get the domain and website back or atleast a way by which the site could be put down as the site runs without the concern of X and without the permission. The domain name has the first name of X and its obvious X needs the domain. Kindly post your views and comments as soon as possible. Cheers, Dreamchaser
How did the web development company get the 'official site' of this celebrity. Did the celeb authorize it? Is there a contract between the celeb and the web development company? There is a set of facts missing here. Who registered the domain name? Under who's direction? There is more information needed before anyone can give you competent advice. For example you say: "The official site of X is maintained by a web development company" "the site runs without the concern of X and without the permission." It can't be both. Either it is the official site, sanctioned by the celebrity, or it is not. Either they have the celebs permission and authority or they do not.
And that might actually be the key factor. Even if the celebrity can demonstrate trademark rights, registered or through "secondary meaning" (just google it), their agreement might not work on the celebrity's favor depending on its terms. How to possibly shut the site down is another story. Again, it boils down to all and any agreements.
Hi BrownTwn! The company who run the present site were at first given permission, just because they did not take care to maintain it well and poluting with ads, the celebrity wants to take the website away from them and personally handle them. I will answer your questions below: 1) At first the celebrity did authorize and there was no contract, it was just that celebrity was in contact with company to do updates. They were nice at first. 2) Domain was registered by Company indeed. 3) The site was run by them and still being run by them. When the celeb contacted them some updates, they were not interested in doing and more over, site was spammed with ads and links to other sites to get high page ranks and traffic. Hope this information would be sufficient ? Cheers, Dreamchaser
@Dave, There was no agreement with the Celebrity and Company. Let me keep this as simple... 1) Domain was registered by the company and a small portion of site was complete and celebrity was contacted, she gave approval for having it was her official website. 2) Celebrity was happy with website, but as time passed the company started to take advantage of the high traffic this site has, by placing unwanted links with no relevance of website and even if the celeb wanted some updates to be done the team never did (just didn't care about it). 3) Celebrity started to find out that it was not good keep the site with them anymore and wants to move under the name of Celebrity and controlled and run by Celeb. (Celeb is even ready to offer a price for company since they have been maintaining it for a while.) 4) Celebrity tried contacting them and they say complete access to editing part can be provided and domain cannot be transfered from them for no reason ?? 5) Celebrity is ready to open a new site with new domain, but wants this site to be shut down as they cannot run a site stating its the official site of celebrity without the celebrity endorsing it (if I am right?). Hope you would have got a clue of what I am trying to talk ? Cheers, Dreamchaser
1. A celebrity, with some stature, would have an agent, manager, and or attorney who should be involved in protecting their intellectual property rights. 2. If they don't, then we are talking about a lower level celebrity. They may want to consult with one of the above professionals. 3. Your celeb X needs to formally inform the web dev company to cease and desist from making any reference to their web site being the 'official' site of the celebrity. This should be done properly - which means by a lawyer. In all honesty, this is not the job of her new webmaster. This a a job for her manager, agent and lawyer. I would advise her to get those people involved to protect her rights. If you and the celeb still think it should be you, then you are basically acting as legal counsel not webmaster.
@Browntwn, Let me explain you the exact details. People (celebrities) really don't know the value of Official site. The site I am talking about was registered 2 years back. The company creates official website for all celebrities and then meets them to have the endorsement. So in way this is sort of like ... Company Builds a Website and Gets Endorsement from Celebrity and then they add Official Website of Celebrity. In turn the Celebrity is happy with the website and no one actually pays to the company. Then its their (company) turn now, they are into web development and what they do is, allow the site to receive heavy traffic (obviously the site gets heavy due to the popularity of celebrity) and this company integrates advertisements (Google AdSense) and sponsored links at footer of the website which the celebrity is not aware of. The way the company exists is by earning from the advertisement and footer links to some sites that aren't associated with Celebrity. So when the celebrity came to know of these facts (that company is not interested in maintaining an official site rather want to build a site and spam the site with ads). Now the celebrity thinks of managing site and is ready to provide any fee to company who have been managing for two years. At first the did agree for a domain transfer but not anymore. The celebrity says we shall ask for a friendly domain transfer and if they do not agree for it, we can move ahead with registering a new domain and provide a press release to media, so people are aware the old site is not anymore the official site and new site unveiled at press release is the one. But the celebrity is now wondering how to bring the old site down, when I say down they do not want the other company to put "Official Website of Celebrity X" and pictures, videos, information and articles related to her. Celebrity at first did like enjoying but soon came to know the real way the company worked, this is not the case with this celebrity website alone the company manages around 70+ celebrity official site and all spammed with Ads and Text Links. Tell me something, do Official Website of Celebrities have Google AdSense or Links to some mortgage or any kinda of sites ? This company says every update in the site is explained to celebrity clearly before they proceed, when this is the case they never explained why the hell they put ads and text links at bottom of site. My primary question for this issue is: 1) How can I proceed to bring the site down or at least make the site remove the words so called Official Website of Celebrity X? 2) If there is any way the celebrity could get hold of domain, what is the way ? And Celebrity do have lawyer and they are not Cyber Lawyers indeed, so upon our suggestion they will act accordingly. I just want a peaceful decision in this issue, so if you can advice me the best possible way of moving with the matter said here, I would be happy. Cheers, Dreamchaser
I think the best way to handle this would be just to have X's lawyers write up a Cease and Desist letter, informing the company that the celebrity is no longer endorsing their website or their images, etc of the celebrity and that any content supplied to them by the celebrity needs to be removed and the "Official site of X" etc... Then if they don't comply, you can contact their host, data center, registrar, and all of the search engines to file a DMCA complaint. Also, I'm sure her lawyers can handle anything that would come beyond that. I think sending them a letter would be your first step though. They sound like they run a fairly decent sized operation, with 70 official celebrity sites. They probably won't risk it to hold on to one...
Hi Slip! Thats was a great piece of advice you provided me. Indeed its true that they run a fairly decent sized operation with 70+ celebrity website and 100+ official movie website and again they are polluted with Ads and Text Links!! The celebrity does have a Lawyer, so if you can guide me exact steps to be followed to make the site remove pictures and articles of the celeb and also the statement so called "Official Website of X" Our main aim was to get the domain back, but they are not willing to give us the domain, in this case it would be good to start a new site with new domain but we want the images used on other sites and texts removed. So I guess I can go ahead with your suggestion you have said in your reply ? Cheers, Dreamchaser
Since you answered they don't "seem" to have any agreements, especially of the written kind, then tell the celebrity to seek legal advice pronto. And get a really experienced one at that.
Yeah, I dont really understand why a celebrity would have their web designer (im assuming thats your role), handling this type of thing. This is a simple matter that any lawyer who deals with celebrities should be well versed in. We can give you advice and ideas, but really their lawyer will advise them and they'd be much better off going with the advice of a lawyer than anyone on this forum Good luck.
You have to understand that the celebrity is not depending on me (designer) for the handling of this type. Its just that celebrity does not want to file a law suit or anything that can bring them cheap negative publicity. They are interested in knowing the best possibility way of bringing the site down or removing the official status and images or possiblity of getting the domain name and the contents are indexed by majority of search engine. They are not at all interested in taking this to the COURT! They wanna fix this issue as simple as possible without giving a publicity for them. For now we have planned to go with new domain name. Now we have couple of questions: 1) Can the previous site layout and contents be bought as such, it was designed and implemented under the guidance from Celebrity! 2) Will there be any issue if we use exact same design those people have done, because its the company that designed it ? Cheers, Dreamchaser
You need to hire an intellectual property rights attorney. It seems there was some form of verbal agreement, and verbal agreements are just as valid as a written agreement. Proving the terms of this verbal agreement are going to be a matter of who is the court believes. This is a matter of he said, she said, and you are only getting one side of the story. I know you are saying the "celebrity" doesn't want to get involved in a legal dispute, but you aren't going to be able to force anyone to do anything without getting into a legal dispute. The company that designed the site is the owner of the design unless there was some sort of agreement saying otherwise - and I doubt there would have been. I wouldn't suggest taking any part of the design. Even calling the new site the "official site" could open the door to legal claims by the other company. It would really be foolish to do anything without first obtaining legal advice and any attorney this person has could recommend an intellectual property rights attorney to advise how to proceed. By handling it yourself, or letting the celebrity do it without legal assistance, you are opening the door to a big legal dispute and possible monetary damages. The new web designer could even be sued for taking a design owned by someone else - and the fact that someone "assisted" in the creative design of the old site does not automatically mean they have any rights to it. If this person doesn't want to get an attorney involved, he should forget about doing anything imo.
I agree with mjewel. I am also sure that this won't go to court. From my experience I have seen stuff like this happen too many times. The developers take advantage of the lack of client's knowledge. They register the domain "for" the client but register themselves as the owners, hoping to keep it hostage for a fee, force the celebrity to embarass himself by filing a lawsuit to enforce rights against such a fraud when it is eventually discovered. There is no way you want to touch this with a ten foot pole without an attorney.