Domain legal question - GoFuckYourself.com

BabeHunter · 10-12-2002, 05:58 AM

can anybody really copyright a common used words?
like wild, girls or something?

for example girlsgonewild

if some 1 registers springbreak-girls-gone-wild is it illegal?

i mean...if it's girlsgonewild.tv or something then i understand the problem...but if it's not in the same "form"

Scootermuze · 10-12-2002, 06:44 AM

Nowadays it's hard to say with so many names and variations popping up...

It could be a situation where, even though you wouldn't be violating copyright law, you could still be dragged into court by someone who is willing to test the case.

girls gone wild.. girls go wild.. girls get wild.. babes gone wild....

lots of variations out there...

Matt 26z · 10-12-2002, 06:50 AM

"Girls", "Gone", and "Wild" obviously can't be copyrighted, but "Girls Gone Wild" can.

This brings up the copyright / domain name issue. I think you are only entitled to the .com of the actual name you have copyrighted. Not just any domain containing that name.

If that was the case PayPal could take PayPalSucks.com, for instance.

heymatty · 10-12-2002, 06:52 AM

BH,

Its not really copyright its trademark.

For example home depot. They don't own the words home or depot that would be ridculous. But the two words in combination are trademarked. So pretty much any use of those 2 words in a commercial sense is going to be infringing on their trademark and you are going to be shut down.

springbreak-girls-gone-wild is fairly clearly trying to capitalise on the established brand, and in basic terms you are fucked.

Unless they don't have its trademarked properly in isreal in which case its gonna be very messy. I don't really know a great deal about the case law regarding US trademarks being recovered from domain squatters in other countries. I think I recall some special laws being put in place.

matty

BabeHunter · 10-12-2002, 07:29 AM

Quote:

Originally posted by heymatty
BH,

Its not really copyright its trademark.

For example home depot. They don't own the words home or depot that would be ridculous. But the two words in combination are trademarked. So pretty much any use of those 2 words in a commercial sense is going to be infringing on their trademark and you are going to be shut down.

springbreak-girls-gone-wild is fairly clearly trying to capitalise on the established brand, and in basic terms you are fucked.

Unless they don't have its trademarked properly in isreal in which case its gonna be very messy. I don't really know a great deal about the case law regarding US trademarks being recovered from domain squatters in other countries. I think I recall some special laws being put in place.

matty

it sounds fair regarding to girlsgonewild.ru/net/cx or what ever
but springbreak-girls-gone-wild.com isn't the same...
if you register micro-soft-ware.com it shouldn't be a violiation of the microsoft trade mark...

NetRodent · 10-12-2002, 08:01 AM

Why not be safe and just call it something like babes-gone-bezerk.com?

Royaltee_Gee · 10-12-2002, 09:08 AM

babehunter contact me on icq: 20962999

Scootermuze · 10-12-2002, 09:45 AM

Trademark stuff can be weird...

Autozone started out as Autoshack, but Radioshack filed suit and won because of the use of the word 'shack', which makes no sense in that Autozone sells auto parts and Radioshack sells electionics.

I can't see how they were able to win that one..

The word 'shack' (common word) being part of a trademark doesn't prevent that word from being used for other marks.

Apple Computers/Apple Records.. Home Depot/Office Depot..

Happens all the time..

UnseenWorld · 10-12-2002, 10:29 AM

I'm no attorney, but I don't think "girls gone wild" is either original enough or long enough to seriously defend a copyright. However, it definitely can be trademarked, and if you want to "own" it, I wouldn't waste too much time doing so. However, I'd be willing to bet someone else has beat you to it.

Wizzo · 10-12-2002, 10:42 AM

It's a tough call, I registed wickedfucking.com and it took the lawyers from Wicked Pictures only a week to call and ask what I intended to do with that domain? Then they told me I couldn't build a sexually oriented site on it, because it would step on their trademark... That I could transfer it to them or just let it sit idle until it expires...

One of these days I might build it out anyway, but I need a little more bacon in case they try and sue me...

RockDaddy · 10-12-2002, 01:13 PM

Just start up a new corporation to protect your personal assets, hold no money in the corporations account, register a boatload of those types of names in the corporations name, then email the companies and tell them you did.

Then just wait and see

10-12-2002, 05:58 AM	#1
BabeHunter Webmaster Industry Role: Join Date: Oct 2001 Location: 2nd door on the left Posts: 4,063	Domain legal question can anybody really copyright a common used words? like wild, girls or something? for example girlsgonewild if some 1 registers springbreak-girls-gone-wild is it illegal? i mean...if it's girlsgonewild.tv or something then i understand the problem...but if it's not in the same "form" __________________ Yep

10-12-2002, 06:52 AM	#4
heymatty Confirmed User Join Date: Oct 2001 Location: Scottsdale :) Posts: 2,188	BH, Its not really copyright its trademark. For example home depot. They don't own the words home or depot that would be ridculous. But the two words in combination are trademarked. So pretty much any use of those 2 words in a commercial sense is going to be infringing on their trademark and you are going to be shut down. springbreak-girls-gone-wild is fairly clearly trying to capitalise on the established brand, and in basic terms you are fucked. Unless they don't have its trademarked properly in isreal in which case its gonna be very messy. I don't really know a great deal about the case law regarding US trademarks being recovered from domain squatters in other countries. I think I recall some special laws being put in place. matty __________________ Cashlantis ~ Black Book Cash

10-12-2002, 08:01 AM	#6
NetRodent Confirmed User Join Date: Jan 2002 Location: In the walls of your house. Posts: 3,985	Why not be safe and just call it something like babes-gone-bezerk.com? __________________ "Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats." --H.L. Mencken

10-12-2002, 10:29 AM	#9
UnseenWorld Confirmed User Join Date: May 2001 Location: Portland, OR, USA Posts: 5,279	I'm no attorney, but I don't think "girls gone wild" is either original enough or long enough to seriously defend a copyright. However, it definitely can be trademarked, and if you want to "own" it, I wouldn't waste too much time doing so. However, I'd be willing to bet someone else has beat you to it. __________________ 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.

10-12-2002, 10:42 AM	#10
Wizzo 2011 GFY Hall of Fame! Industry Role: Join Date: Nov 2000 Location: Back in Texas! Posts: 15,224	It's a tough call, I registed wickedfucking.com and it took the lawyers from Wicked Pictures only a week to call and ask what I intended to do with that domain? Then they told me I couldn't build a sexually oriented site on it, because it would step on their trademark... That I could transfer it to them or just let it sit idle until it expires... One of these days I might build it out anyway, but I need a little more bacon in case they try and sue me... __________________ Looking for Opportunity!

10-12-2002, 06:44 AM	#2
Scootermuze Confirmed User Join Date: Dec 2001 Posts: 4,513	Nowadays it's hard to say with so many names and variations popping up... It could be a situation where, even though you wouldn't be violating copyright law, you could still be dragged into court by someone who is willing to test the case. girls gone wild.. girls go wild.. girls get wild.. babes gone wild.... lots of variations out there...

10-12-2002, 06:50 AM	#3
Matt 26z So Fucking Banned Industry Role: Join Date: Apr 2002 Location: ¤ª"˜¨๑۩۞۩๑¨˜"ª¤ Posts: 18,481	"Girls", "Gone", and "Wild" obviously can't be copyrighted, but "Girls Gone Wild" can. This brings up the copyright / domain name issue. I think you are only entitled to the .com of the actual name you have copyrighted. Not just any domain containing that name. If that was the case PayPal could take PayPalSucks.com, for instance.

10-12-2002, 09:08 AM	#7
Royaltee_Gee Confirmed User Join Date: Jul 2001 Posts: 973	babehunter contact me on icq: 20962999

10-12-2002, 09:45 AM	#8
Scootermuze Confirmed User Join Date: Dec 2001 Posts: 4,513	Trademark stuff can be weird... Autozone started out as Autoshack, but Radioshack filed suit and won because of the use of the word 'shack', which makes no sense in that Autozone sells auto parts and Radioshack sells electionics. I can't see how they were able to win that one.. The word 'shack' (common word) being part of a trademark doesn't prevent that word from being used for other marks. Apple Computers/Apple Records.. Home Depot/Office Depot.. Happens all the time..

10-12-2002, 01:13 PM	#11
RockDaddy Confirmed User Join Date: Jul 2001 Posts: 750	Just start up a new corporation to protect your personal assets, hold no money in the corporations account, register a boatload of those types of names in the corporations name, then email the companies and tell them you did. Then just wait and see