Legal Experts.. have a ? for you, need help!

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  • J.R.
    WantBoobs.com
    • Feb 2002
    • 3479

    #1

    Legal Experts.. have a ? for you, need help!

    Hey,

    I got this emailed to me.

    I have releases for the content I produced as
    well as I own the domain ' kathrynmacgregor.com'.

    We shot her nearly 2 years ago, I bought the domain
    Record created on 12-17-2002

    If I am not mistaken, they have no grounds for
    much of anything ?

    Any help would be great.. I have an attorney in LA
    so I will send this off as well.


    Joel


    Hello Mr. Raes,

    It was recently brought to our attention that you are hosting an " official" site for Kathryn MacGregor. As you may know, "Kathryn" has worked for us as a contract actress and has given us the go-ahead to mount an official fan site for her and her new movie. She assures us that she has not legally given anyone else the rights to her trademark and name on this.

    Please let us hear from you or your attorney regarding this. If you have a legal document entitling you to host Kathryn's website we would like to know of it so that we may change our plans. We will be sending an inquiry to Tim and Cissy as well on this.

    Alpha
    PFV
  • twistyneck
    So Fucking Banned
    • Jan 2002
    • 4660

    #2
    It sounds like they are being decent about it. Just tell them what you told us.

    Comment

    • Phat Chips
      Registered User
      • Mar 2004
      • 26

      #3
      Send it to Larry
      SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, then you may use a 624x80 instead of a 120x60.

      Comment

      • Axeman
        Confirmed User
        • Feb 2004
        • 5201

        #4
        Originally posted by twistyneck
        It sounds like they are being decent about it. Just tell them what you told us.
        I agree with this statement. If that doesnt work, contact a guy like Larry Walters or someone similar to handle this.
        XXXRewards - Karups - Boyfun - Jawked. Paying on time since 1997. Contact me at brent [at] xxxrewards.com

        Comment

        • goBigtime
          Confirmed User
          • Nov 2002
          • 7761

          #5
          I know very little about trademarks, let alone trademarks on peoples names....


          But Kathryn MacGregor:
          http://tinyurl.com/39msx
          Returns (0 results)


          Where as....

          Jenna Jameson
          http://tinyurl.com/2pr62
          Returns a registered trademark for porn star Jenna Jameson.

          She doesn't seem to have a registered trademark (R) for her name... but like I said, I'm not sure about the laws when it comes to actual peoples names.


          I'll see if I can dig something up about peoples names, I do remember something about this....
          Last edited by goBigtime; 03-21-2004, 07:30 AM.

          Comment

          • goBigtime
            Confirmed User
            • Nov 2002
            • 7761

            #6
            I think you might be screwed.

            But if you had KathrynMacGregorSucks.com...


            Comment

            • J.R.
              WantBoobs.com
              • Feb 2002
              • 3479

              #7
              I think we owned this domain long before
              they had any business relationship.

              Ownership does have some relevance.

              We are not cybersquatting.

              Comment

              • Mutt
                Too lazy to set a custom title
                • Sep 2002
                • 34431

                #8
                unless you have a contract with her giving you the rights to her official website and domain name for a certain period of time or in perpetuity I think you're gonna be screwed on this matter.
                I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

                Comment

                • Basic_man
                  Programming King Pin
                  • Oct 2003
                  • 27360

                  #9
                  I love your boobs in your sig !
                  UUGallery Builder - automated photo/video gallery plugin for Wordpress!
                  Stop looking! Checkout Naked Hosting, online since 1999 !

                  Comment

                  • Paul Markham
                    Too old to care
                    • Jun 2001
                    • 52942

                    #10
                    Originally posted by Mutt
                    unless you have a contract with her giving you the rights to her official website and domain name for a certain period of time or in perpetuity I think you're gonna be screwed on this matter.
                    It could depend on the wording on the model release, get in touch with your lawyer.



                    Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500.
                    PM me for a deal. Skype Paulmarkham70

                    Comment

                    • PatrickKing
                      Confirmed User
                      • Jan 2004
                      • 2096

                      #11
                      If your release is tight you may be able to beat it. Our releases state that we can use image ,name and such any way we deem fit. .
                      [email protected]

                      Comment

                      • baddog
                        So Fucking Banned
                        • Apr 2001
                        • 107089

                        #12
                        coming to GFY for legal advice is like going to a bar for medical advice.

                        That being said, it sounds to me like she has misled Alpha. Tell him what you told us, and offer to sell your rights to them.

                        Comment

                        • J.R.
                          WantBoobs.com
                          • Feb 2002
                          • 3479

                          #13
                          Thanks for the info.

                          I told them to spend their own $365.00 per hour
                          to have their attorney contact me.

                          I am not gonna spend that to give them an
                          answer since their is No trademark using that
                          'fictious' name.

                          Comment

                          • VirtuMike
                            Confirmed User
                            • May 2002
                            • 2483

                            #14
                            I wouldn't ask for legal experts, I would ask a lawyer.

                            I would also look at how seriously attached you are to the name.

                            And then I'd decide whether to be cool about it - which sometimes I am, or if I wanted a fight.

                            It's all in the release, but there is also "False Designation of Origin". Chances are you have more money than they are willing to put into a fight. But it's going to cost them at least $10,000 to file a claim for it in court, which is more than they're probably going to make from her. Anything less and you probably don't even have to respond.

                            UNLESS they ICANN it. Then it is a cheap fight.
                            Host it in AMSTERDAM at EUROTIVITY! - We also offer BACKUP SERVICES!

                            XYZZY4L

                            Comment

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