myspace.me... Would it be legal if....

Discussion in 'Legal Issues' started by perfect_square, Jul 31, 2008.

  1. #1
    I were to register domain name myspace.me and then redirect it to a personal or band myspace page. After all, you are redirecting to the official myspace site and allowing more exposure to their ads. Would this be Ok? In a way it is like getting your own premium myspace.com/yournamehere.
     
    perfect_square, Jul 31, 2008 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    Read their terms or ask them, but expect them to say they won't allow it. It's
    not for anyone to say, except them, whether using a domain name that uses
    their trademark to redirect to them will be to their benefit or not.
     
    Dave Zan, Aug 1, 2008 IP
  3. ЄxDeus™

    ЄxDeus™ Well-Known Member

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    #3
    myspace went and took down alot of sites with myspace in there name so you will be lucky to be allowed to do this.
     
    ЄxDeus™, Aug 1, 2008 IP
  4. angelinasusanto

    angelinasusanto Peon

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    #4
    what exdeus said is true
     
    angelinasusanto, Aug 1, 2008 IP
  5. DeenaEsq

    DeenaEsq Peon

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    #5
    I'm going to guess that since it would be a violation of their trademark rights which, as others have said, they're pretty testy about, you're not going to get permission. Doing it without permission could cost you. My best advice is to let it go.

    Deena Burgess, Esq.
    _____________________________________________________________________________

    Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
     
    DeenaEsq, Aug 1, 2008 IP
  6. WII-Aaron

    WII-Aaron Member

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    #6
    I'm pretty sure you'd get in trouble. Also, I think it's already taken.
     
    WII-Aaron, Aug 1, 2008 IP
  7. perfect_square

    perfect_square Active Member

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    #7
    Yes I have just contacted them and will wait for an answer. What you are talking about is different though as those sites are hosted on separate servers and are not affiliated with myspace whatsoever. I am talking about using myspace.me, which is highly catch and easy to remember, and directing to a page already on myspace.com
     
    perfect_square, Aug 1, 2008 IP
  8. perfect_square

    perfect_square Active Member

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    #8
    ps Also I've noticed that myspace.net is parked and getting PPC ads. Now I'm pretty sure that MySpace Co. knows about that site as .net would be the next obvious choice to a .com yet that site is still running (and still ripping off their trademark for $$$.)
     
    perfect_square, Aug 1, 2008 IP
  9. mjewel

    mjewel Prominent Member

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    #9
    Trademarks are often determined by their usage. There is more than one owner of the "myspace" trademark - each with different usage rights. Unlike your domain, the .net was also registered before myspace.com started their business (this is a key factor in a bad-faith claim). Also, just because someone else may be infringing, don't think for a second that it gives you any rights.

    What you are asking is to use a their trademark with a usage that is directly related to their business, something they are not going to agree to. MySpace.com has been pretty aggressive in going after infringement (check out litigation against Myspace.co.uk).

    You don't ever want to get into a TM infringement suit with a deep pocket - even if you have a great case. A large company can force you to spend vast sums of money to keep your domain (hundreds of thousands of dollars or more). If you win, you can expect to get no attorney fees awarded. If you lose, you can be forced to pay up to treble their legal fees (since they has a registered mark). Perfumebay (which lost to ebay) spend some $600,000 in legal fees before it went to appeal, which they lost.

    Although not legal advice, I would strongly advise not using the domain for anything related to myspace.com, and if you read the .co.uk case, you'll need to be careful about advertising running that is related to the .com.

    People should also be very careful about posting their actual domain name in a public forum when their are possible infringement issues. Everything you post can be used against you, and you can bet that if the case it litigated, the TM holder and their attorneys will know about what you posted.
     
    mjewel, Aug 1, 2008 IP
  10. perfect_square

    perfect_square Active Member

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    #10
    Thanks for the detailed feedback. I appreciate it and will look into the myspace.co.uk case. I notice now it is a cell phone site of all things. I sent a query to myspace regarding the issue and all they sent my was a generic response. It is as if it was an automated response and it didn't acknowledge one thing I had said.
     
    perfect_square, Aug 1, 2008 IP