can you be sued for the act of registering a domain?

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  • scorpion3600
    Confirmed User
    • Jan 2003
    • 623

    #1

    can you be sued for the act of registering a domain?

    Anybody know if you can be sued for the act of registering a domain name? Even if it is a trademark or a variation of a trademarked name, I understand you may have to give it back, but can you actually be sued for money just for the act of registration?
  • stevecore
    Confirmed User
    • May 2003
    • 6130

    #2
    i'd like to know to.. just picked up beautifuk.com... beautiful.com is owned by proctor & gamble. dunno if they'd come after me for it.

    Comment

    • IPK
      Confirmed User
      • Sep 2003
      • 4209

      #3
      you can be sued for any reason. it doesn't mean they'll win. nor does it mean they have a valid cause of action.
      DomainerResource.com
      strategies for monetizing and investing in domain names...

      Comment

      • ibuydomains
        Confirmed User
        • Feb 2004
        • 710

        #4
        Only if you registered it for the sole intention of extorting money from the trademark holder...

        Comment

        • PbG
          Confirmed User
          • May 2003
          • 1025

          #5
          Or impersonating the owners of the domain you cloned/altered.

          Originally posted by ibuydomains
          Only if you registered it for the sole intention of extorting money from the trademark holder...

          Uncensored-Hosting | Photography by Gus

          Comment

          • Mr.Fiction
            Confirmed User
            • Feb 2002
            • 9484

            #6
            You can be sued. The U.S. government made specific laws to punish people that they consider to be "cybersquatters".

            Do a google search for "Anti-cybersquatting Consumer Protection Act".

            $100,000 per domain.
            Don't be lazy, protect free speech: ACLU | Free Speech Coalition | EFF | IMPA

            Comment

            • =^..^=
              Confirmed User
              • Jan 2002
              • 6935

              #7
              depends on if you have legitimate reason for owning the domain
              ie: if your name really was billgates and you registered billgates.com that is a legit reason to have it
              but as mentioned - not if your intention is cybersquatting

              however if you have a domain, even if it is a legit reason to own it..if the other party has it trademarked - they can take it from you.
              #RememberYourRoots #AaronMForGFYHOF

              Comment

              • BrettJ
                ol' timer
                • Jan 2001
                • 4715

                #8
                the first two things that come to mind are

                intent to ______________

                and if you they connect you to a second person conspiracy to _____________

                fill in the blank with whatever mischievious action you actually might commit if you go through with your idea.

                Comment

                • juicybucks
                  Confirmed User
                  • Oct 2002
                  • 1235

                  #9
                  depends if it's really infringing someones copyright...

                  for example
                  you can register aolsuxxxxx.com if it's in satire.. well that's my understanding..

                  I've had domains referred to ICANN by AOL and Telstra (twice) and really it they can't do much depending on the way the domain is being used. Yes I lost them all, but there was no lawsuit, just those massive companies spent thousands getting their domains back
                  JuicyBucks.com



                  $40 per signup
                  Celebrity Sites are our Speciality
                  Tons of Promotional Material

                  Comment

                  • slackologist
                    Confirmed User
                    • Jul 2002
                    • 2379

                    #10
                    Originally posted by Mr.Fiction
                    You can be sued. The U.S. government made specific laws to punish people that they consider to be "cybersquatters".

                    Do a google search for "Anti-cybersquatting Consumer Protection Act".

                    $100,000 per domain.
                    that only applys to U.S citizens?

                    Comment

                    • plyre
                      Registered User
                      • Feb 2004
                      • 132

                      #11
                      everything is possible , specially talking about suit cases in USA

                      Comment

                      • Road Rash
                        So Fucking Banned
                        • Mar 2004
                        • 340

                        #12
                        Originally posted by plyre
                        everything is possible , specially talking about suit cases in USA
                        This pretty well sums up EVERY THREAD that asks if someone can sue you for this or that..

                        !!!! NEWSFLASH !!!!!

                        Anyone can sue anybody for ANYTHING. It doesn't mean they will win, it just means that they can sue.

                        Walk into any lawyers office and say " i have lots of money and i want to sue someone "

                        I guarantee the lawyer will file whatever you tell him to file as long as he gets paid..

                        Comment

                        • pushpills
                          Confirmed User
                          • Jan 2004
                          • 3700

                          #13
                          just dont try to sell the domain to em'


                          worst case scenario they just want the domain back, ive had pleanty of risky names, i just gave back disputed ones and ate the 6.75

                          Comment

                          • Jimbo
                            Confirmed User
                            • Oct 2001
                            • 3989

                            #14
                            just use free hosting
                            free sex videos

                            Comment

                            • cashman
                              Confirmed User
                              • Mar 2004
                              • 898

                              #15
                              If you are not profitting from the name, even if you get sued there isn't much they can ask for. They normally ask you to bring it down.

                              Comment

                              • AlienQ - BANNED FOR LIFE
                                best designer on GFY
                                • Mar 2003
                                • 30307

                                #16
                                Depends.

                                Comment

                                • SoBeGirl Video
                                  So Fucking Banned
                                  • Sep 2002
                                  • 2493

                                  #17
                                  You can register any domain if you plan to use it for public informational use. For example, if you want to make a consumer site about the ill effects of ketchup you can make ketchupsucks.com

                                  look at paypalsucks.com

                                  Comment

                                  • scorpion3600
                                    Confirmed User
                                    • Jan 2003
                                    • 623

                                    #18
                                    ok, what about the case of something like you register a name that has 'playboy' in it and then promote 'playboycash'. Then if they sue you, they can't say you profited from it because so did they!

                                    Comment

                                    • KRL
                                      Entrepreneur
                                      • Oct 2002
                                      • 31429

                                      #19
                                      This is America. You can be sued for anything.

                                      If you average 1 to 2 lawsuits a year consider yourself lucky.
                                      If you would like to develop your domains, you can lease inexpensive foreign labor
                                      from the leaders in the field at iWebmasters.com TO LOWER YOUR COSTS AND INCREASE YOUR PRODUCTION!

                                      *** *** *** *** *** *** *** *** *** *** *** ***
                                      Domains Adult News KRL's Newsletter Biz Tips Just Listed Domains

                                      Comment

                                      • pussyluver
                                        Clueless OleMan
                                        • Mar 2003
                                        • 11009

                                        #20
                                        Not an attorney, but think that just the fact you make money does not have much to do with it. Making money is good.

                                        What makes everyone think that US laws don't apply to the whole world?

                                        Comment

                                        • pussyluver
                                          Clueless OleMan
                                          • Mar 2003
                                          • 11009

                                          #21
                                          This letter from Booble attorneys to google clears a lot up on the subject:

                                          Dear Trademark Enforcement Team,

                                          We are intellectual property counsel to Guywire, Inc. This letter responds to your e-mail message of January 20, 2004 to our client via domains by proxy.

                                          As your communication recognizes, our client adopted and uses the BOOBLE and booble.com designations to parody the Google web site. Our client's web site is in fact a successful parody, which simultaneously brings to mind the original, while also conveying that it is not the original. See, e.g.,Jordache Enters., Inc. v. Hogg Wyld, Ltd., 828 F.2d 1482, 1486 (10th Cir. 1987) (finding no likelihood of confusion between LARDASHE for oversized jeans, despite its obvious similarity with, and parody of, the well-known JORDACHE mark for jeans). Cf. People for the Ethical Treatment of Animals v. Doughney, 263 F. 3d 359 (4th Cir. 2001) (finding a domain name parody was unsuccessful because Internet users had to view the web site before they were able to discover that it was not the original). Obviously, the Booble web site brings to mind the Google web site, at the same time that it underscores its unique identity as a parodic adult search engine.

                                          In trademark law, parody is a defense to trademark infringement. Eveready Battery Co. v. Adolph Coors Co., 765 F. Supp. 440 (N.D. Ill. 1991) (holding that a commercial advertisement of a well-known actor in a bunny outfit, banging a drum, was an effective parody of the plaintiff's mechanical toy rabbit advertising character). In the present case, consumers are highly unlikely to be confused as to the source of services for several reasons, including the following:

                                          the domain names are entirely different;
                                          the BOOBLE web site searches only provide content related to Adult web sites, including TGP sites, Adult stores, and Adult-related products like browser cleaners, pop-up filters, etc.; and
                                          the BOOBLE mark is distinct from the GOOGLE mark in that it differs in sound, appearance, commercial impression, and other relevant aspects:
                                          it features a woman's chest;
                                          it uses the phrase, 'The Adult Search Engine;'
                                          it posts a warning that the web site contains explicit content; and
                                          it disclaims any association with Google.com.

                                          Neither does the Booble trademark dilute Google's mark. First, the capacity of the GOOGLE mark to identify and distinguish its services is unchanged by Booble's use of its mark. See, e.g., Moseley v. V Secret Catalogue, Inc., 537 US 418 (2003) (requiring proof of actual dilution). In addition, Booble does not tarnish the Google mark. See, e.g., L.L. Bean, Inc. v. Drake Publishers, Inc., 811 F.2d 26 (1st Cir. 1987) (finding that a sexually explicit parody of appellee's catalog did not constitute tarnishment). Moreover, Booble's web site is an adult search engine, not 'a pornographic site,' as referred to in your letter. In fact, entering the terms "porn" and "sex" in the Google search engine return 98,400,000 hits and 269,000,000 hits, respectively, while entering these same terms in the Booble adult search engine return 268 hits and 291 hits, respectively. Therefore, the Google mark - which has a longstanding association with pornographic terms and material - is obviously not tarnished.

                                          In your letter, you refer to the Supreme Court decision in Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994) (holding that a commercial parody may qualify as a fair use and is not presumptively unfair). As you may have recognized, this is a copyright case. Although some analytic similarities exist between copyright and trademark parody cases, Google neither claims copyright infringement in its letter, nor is any relevant portion of its web site copyrightable. Lotus Dev. Corp. v. Borland Int'l, Inc., 49 F.3d 807, 815 (1st Cir. 1995) (holding that literal copying of a computer command hierarchy does not constitute copyright infringement because it is an uncopyrightable method of operation). Therefore, while we feel that Campbell adequately supports the legality of Booble's parodic web site, we believe your reliance thereon is somewhat misplaced.

                                          Finally, we note that Google does not object to numerous registered domain names and web sites, including the following few samples:

                                          <www.booble.be/v2/index.php>
                                          <www.elgoog.nl>
                                          <www.elgoog.de>

                                          Since the law does not appear to support Google's position, we ask that Google reconsider its objections and accept the Booble web site in the spirit that it was intended - as a parody. We hope that these comments will permit you to now close your file on this matter. However, if you wish to discuss it further, please feel free to contact the undersigned.

                                          Comment

                                          • $5 submissions
                                            I help you SUCCEED
                                            • Nov 2003
                                            • 32189

                                            #22
                                            I wanted to know that too.

                                            Comment

                                            • SoundMan
                                              So Fucking Banned
                                              • Nov 2003
                                              • 3471

                                              #23
                                              if you use it..

                                              Comment

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