Logos, nicknames and copyright question - GoFuckYourself.com

Mike Okitch · 03-21-2005, 07:39 PM

This might be a bit long. I apologize for that but I want to explain the situation and hopefully, someone at GFY can give me some advice/pointers about this.

There's a free mainstream site that has been taken down about a year ago. I felt that the site was entertaining and resourceful. The owner basically just disappeared.

Now, to my knowledge, this guy never owned an actual domain. His site was done on some subdomain.

I recently purchased a domain name. That name of that domain is the same as the online nickname that guy was using. He was also using a logo on his site.

My idea, to a degree, is to "resurrect" that site with similar information and content. Obviously with updated features.

Now, what I would like to know is in that situation, could I somehow appropriate the logo for that new domain? To the best of my knowledge, he held no copyright and/or trademark to either name or logo. In fact, even looking at archive.org, there's no indication of a "©", "?" or whatever. It was after all, an amateur mainstream site.

What could/should be done?

toddler · 03-21-2005, 07:55 PM

talk to a copywrite attorney. But, they're going to tell you to not do it.

Doc911 · 03-21-2005, 07:59 PM

Your asking for trouble with that

J-$ · 03-21-2005, 08:06 PM

copying other people's idea has always been a recipee for success ;)

only in America

Mike Okitch · 03-21-2005, 08:10 PM

Quote:

Originally Posted by Doc911

Your asking for trouble with that

Assuming that I'm right and that he held no copyright, how would that get me in trouble to run a site dedicated to the same topic?

And assuming that I'm wrong and that he did held a copyright on his logo, doesn't he forfeit that by shutting his site down?

DateDoc · 03-21-2005, 08:12 PM

Quote:

Originally Posted by Mike Okitch

This might be a bit long. I apologize for that but I want to explain the situation and hopefully, someone at GFY can give me some advice/pointers about this.

There's a free mainstream site that has been taken down about a year ago. I felt that the site was entertaining and resourceful. The owner basically just disappeared.

Now, to my knowledge, this guy never owned an actual domain. His site was done on some subdomain.

I recently purchased a domain name. That name of that domain is the same as the online nickname that guy was using. He was also using a logo on his site.

My idea, to a degree, is to "resurrect" that site with similar information and content. Obviously with updated features.

Now, what I would like to know is in that situation, could I somehow appropriate the logo for that new domain? To the best of my knowledge, he held no copyright and/or trademark to either name or logo. In fact, even looking at archive.org, there's no indication of a "©", "?" or whatever. It was after all, an amateur mainstream site.

What could/should be done?

The fact that the logo and the idea was published on the web does give him trademark and copyright protection. So, even if he is doing nothing with and you make money with his logo/idea you might as well just forward all proffits to him as you will lose them in a civil suit.

The best idea is to contact him and ask him if he will sell/lease you the rights. Don't get him too hyped up or he will ask for more than you want to spend. Good luck with it.

Doc911 · 03-21-2005, 08:21 PM

I agree asking for rights to the logo and idea is the best course of action

mardigras · 03-21-2005, 08:22 PM

Why not make a "tribute" site instead of a "resurrection" site?

DateDoc · 03-21-2005, 08:31 PM

Quote:

Originally Posted by Mike Okitch

Assuming that I'm right and that he held no copyright, how would that get me in trouble to run a site dedicated to the same topic?

And assuming that I'm wrong and that he did held a copyright on his logo, doesn't he forfeit that by shutting his site down?

Read this site --> http://www.senniger.com/TrademarkQues.html. It should answer a lot of your questions.

Mike Okitch · 03-21-2005, 08:32 PM

Quote:

Originally Posted by mardigras

Why not make a "tribute" site instead of a "resurrection" site?

"resurrection" traffic or "tribute" traffic, it's all the same in the end

MyNameIsEmily · 03-21-2005, 08:42 PM

Quote:

Originally Posted by toddler

talk to a copywrite attorney. But, they're going to tell you to not do it.

BEHOLD! Your one and only, Webhost, reseller, content provider, programmer/designer, publisist, and now liscensed in the state of AL- Lawyer of Teh Copyright For it is I, of whom shall advise you in your acquisition of said materials. (or whatever)

Run the logo through Photoshop.
Write your name on it and call it yours!

THAT'S IT!1

And if he gives you any lip, file a law suit against him for stealing your shit!

3AM eternal · 03-21-2005, 08:57 PM

Quote:

Originally Posted by MyNameIsEmily

BEHOLD! Your one and only, Webhost, reseller, content provider, programmer/designer, publisist, and now liscensed in the state of AL- Lawyer of Teh Copyright For it is I, of whom shall advise you in your acquisition of said materials. (or whatever)

Run the logo through Photoshop.
Write your name on it and call it yours!

THAT'S IT!1

And if he gives you any lip, file a law suit against him for stealing your shit!

you sound dumber and dumber with every post of yours i read. as someone already said, just the fact that the site and logo was on the web and the date can be proven to be before your soon to be 'tribute' site then you lose.

warlock5 · 03-21-2005, 10:24 PM

Well... you could register a domain similar to what he ran and then trademark it. That should cover your ass. I've heard of resteraunts doing this successfully and legally.

Using the exact same name and your asking for trouble, especially if you don't even talk to the guy first.

MyNameIsEmily · 03-21-2005, 10:36 PM

Quote:

Originally Posted by 3AM eternal

you sound dumber and dumber with every post of yours i read. as someone already said, just the fact that the site and logo was on the web and the date can be proven to be before your soon to be 'tribute' site then you lose.

shut up, metro.

03-21-2005, 07:39 PM	#1
Mike Okitch Confirmed User Join Date: May 2004 Location: Guantanamo Bay, Cuba Posts: 4,126	Logos, nicknames and copyright question This might be a bit long. I apologize for that but I want to explain the situation and hopefully, someone at GFY can give me some advice/pointers about this. There's a free mainstream site that has been taken down about a year ago. I felt that the site was entertaining and resourceful. The owner basically just disappeared. Now, to my knowledge, this guy never owned an actual domain. His site was done on some subdomain. I recently purchased a domain name. That name of that domain is the same as the online nickname that guy was using. He was also using a logo on his site. My idea, to a degree, is to "resurrect" that site with similar information and content. Obviously with updated features. Now, what I would like to know is in that situation, could I somehow appropriate the logo for that new domain? To the best of my knowledge, he held no copyright and/or trademark to either name or logo. In fact, even looking at archive.org, there's no indication of a "©", "?" or whatever. It was after all, an amateur mainstream site. What could/should be done? __________________ 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.

03-21-2005, 07:55 PM	#2
toddler Confirmed User Join Date: Jun 2002 Location: austin, tx Posts: 1,911	talk to a copywrite attorney. But, they're going to tell you to not do it. __________________ http://www.flickr.com/photos/zoddler/

03-21-2005, 07:59 PM	#3
Doc911 Confirmed User Join Date: Feb 2004 Location: If i was up your ass you'd know Posts: 3,695	Your asking for trouble with that __________________ For PHP/MySQL scripts ICQ 161480555 or email [email protected]

03-21-2005, 08:21 PM	#7
Doc911 Confirmed User Join Date: Feb 2004 Location: If i was up your ass you'd know Posts: 3,695	I agree asking for rights to the logo and idea is the best course of action __________________ For PHP/MySQL scripts ICQ 161480555 or email [email protected]

03-21-2005, 08:06 PM	#4
J-$ Confirmed User Join Date: Mar 2005 Posts: 2,090	copying other people's idea has always been a recipee for success ;) only in America

03-21-2005, 08:22 PM	#8
mardigras Bon temps! Join Date: Feb 2003 Location: down yonder Posts: 14,194	Why not make a "tribute" site instead of a "resurrection" site?

03-21-2005, 10:24 PM	#13
warlock5 Confirmed User Join Date: Jan 2004 Location: Uranus Posts: 2,808	Well... you could register a domain similar to what he ran and then trademark it. That should cover your ass. I've heard of resteraunts doing this successfully and legally. Using the exact same name and your asking for trouble, especially if you don't even talk to the guy first.