Professional Advice Please! CALLING PROFESSIONALS

I have a question.

If I came across a particular person online who I think will become famous one day, and i purchased the .com domain (which is their first and last name) is it possible for me to sell it to them if they were to become famous one day?

My intention at this tage is to use the page to create a fan page about them.

If i own the .com & they one day DO become famous, will I be safe from legal issues seeing as though (the name in question) has never has a .com, .net.org etc address registered under it?

Please help me.

Thankyou.

 

This will help give you some clarification.

http://en.wikipedia.org/wiki/Cybersquatting

 

Thanks! but that didn't really clear it up fro me. If the person does not have a trademark AND i own theirname.com (if they were to apply for the trademark at a later date can they take my domain? surely not?

i have setup a fan site for this person under the domain. i have told them about it. but am awaiting a reply.

this particular person in question is in a band. not a solo artist. this is just his personal name. ALOT of people have this name aswell.

 

Your just asking for trouble. If the person wants the name, your going to end up in a legal battle over it if you don't want to just hand it over.

Ethical businesses will spend a good deal of time ensuring names they register do no infringe on the trademark of others. In some recent conversations I had on this board, which you can read, I learned just how difficult it can be to determine if you can use a name without infringement (and I was purposely trying to get a name that did not infringe on the trademarks of others).

j

 

I am honestly confused. This person DOES NOT have a trademark. besides, what makes him different to me? why should he get rights to that name? there is a million other peoppole with the same name? so what none of them can have it either? i don't think so. this guy has no trademark. so as far as i am concerened him owning the domain is no different to me owning it? this is just a common name. so how can i get into a alot of trouble over it?
plus the site is actually a fan site. non profit? anyways even if it wasn't i dont see how it can matter?

he is a singer who is known but not famous? big deal. please explain.

 

"why should he get rights to that name?"

Is it your name? No, then your registration was an attempt to ride his goodwill since you have already put content on the site related to him.

"there is a million other peoppole with the same name?"

That might be true, but what are you going to tell the judge when they asked why you registered a domain that wasn't your name? Offering to sell a domain can be used as proof as a bad faith registration - and to take the domain.

If they sue you, are you going to spend tens of thousands of dollars to keep it? If you win, you are out legal fees. The guy who owned Madonna.com spent over a million dollars and lost.

Also remember that trademarks do not have to be registered. Attempting to ride the goodwill off a name/mark made famous by someone else/company is not something you want to do. Register your own name and put up a site about yourself and you aren't going to have any problems.

 

"why should he get rights to that name?"

Anyone can buy the domain name - just don't make the site's topic about him, or try and sell it to him, and you won't get into conflicts.

 

He could still lose the domain based on on a dispute if he registers this in bad faith. See the icann policy at http://www.icann.org/en/dndr/udrp/policy.htm

j

 

I'm sorry, but how the hell would this guy have the right to take my domain from me? he is an unsigned artist who is trying to get famous. I have the site setup as a non profit fan page for him? if i didn't put info up on the page about him, and simply parked the domain what would be the difference? this is still helping him and it's non profit?

I am in Australia, so I am not sure whether the rules change over here.

What if i simply bought the domain because i wanted to eventually sell it to someone with that particular name? how is that different to buying any other domain name that is not trademarked and then re-selling it?

I could buy (example) kaboodle.com tomorrow. Then some company in 9 years time comes along and starts a business called kaboodle. Even though I have no intention to use this page from the start, but simply hope that someday a buyer comes along one day wanting it. how is this any different.

Same thing applies for anyone who forgets to purchase a domain and it gets snapped up.

this would make domain name 100% useless

 

Helping him / Non-Profit: This is a completely false assumption that many people make in regards to copyrights. They assume that since they are not making a profit there is no harm and it is fine. They are wrong. If the guy really wants the help, then he won't mind giving you written permission to use the name and to run the fan site.

The laws in Australia appear very similar to US laws. They are part of many international conventions. All the icann regulation still apply.

Again as you have been told, the different is that you have acted in bad faith. It sounds like you have already placed a page on this domain. If this domain ever comes into dispute at anytime in the future, the information on the site now about this guy will be used to prove you acted in bad faith.

Your questions about kaboodle.com is a completely different issue. You didn't ask, what if I register the name of a guy that isn't born yet that might some day....

j

 

a) You didn't buy the domain before this person was known.

b) You put content on the site, so it is obvious you knew of him.

c) You could always argue in court that it is a non-profit usage for a fan site. Of course this will cost you tens of thousands of dollars to do so. If you win, you are out attorney fees.

d) You can't approach the person to sell him the domain.

e) If this person files a UDRP, it doesn't matter where you live, they can take the domain. You don't own the domain, you have a lease on it that is subject to regulations. It will cost you about $5,000 to have an attorney file a response. If this person should lose, they can file a lawsuit against you. If they win, the domain is taken out of your account and turned over to the other party unless you hire an attorney and spend a lot of money to fight it in court. Disputes like this can cost you hundreds of thousands of dollars. The upside is small, the downside is huge.

The problem is that you can't speculate by registering other peoples name in hopes to sell it to them for a profit. It isn't your name, the registration was bad faith. Come up with your own business name and spend money to develop it into a brand - don't try to attach yourself to someone elses success in order to try and make a buck at their expense. It's pointless for you to continue to argue the point, there are many legal decisions on these types of cases. It really doesn't matter if you think it is fair or not - what matters is what legally is likely to happen.

 

I would require what from the person to use this name for a fan site? If i removed think redirection and started a blog titled theirname.com that had nothing to do with the person or what they do is this ok? could i then be approached at a later date if they wish to buy it?

Once given permission, would that mean that I would now own the domain? or would he still have it over me at a later date?

 

You can't sell them them the domain now or ever.

Permission consists of whatever you and the other party agree upon. You need an attorney to help you negotiate and draw up a legal binding agreement if your going to attempt to do something like this.

j

 

They will not just ask you to hand it over... They'll sue you to hell and make you pay a hell of a money... t's better you ask them now if they will buy it from you... Try and convince them to pay you atleast some $30-100 more than what you paid for the domain by offering them to make a small fan page for them with it..

 

I suggest you read the ICANN domain name dispute policy and familiarize yourself with the procedure.

I also suggest you read material related to cybersquatting. What you suggest is not legal, and only goes to further prove you acted in bad faith and will likely makes it easier for them to take the name.

j

 

Go read up on ChrisBosh.com.

The domainer/squatter who owned it lost his entire portfolio to Chris Bosh. He lost hundreds of domains.