Domain experts..question about cease and desist.
 

A friend of mine received a cease and desist letter several days ago for a domain that she owns which mirrors the name of a celebrity (not a superstar celeb but fairly well known).

Domain has a hyphen (-) in the middle of the name so it was never going to be the key domain for this celeb what with the hyphen.

Anyway she has this letter and has been instructed to transfer it over but has refused and has stated in her reply that it is not being profited from in any way and in fact does not even have a website up at the address ( which is true ).

Can they still snatch the domain?

I`m aware of the cybersquatting laws and trademark infringements etc. but unless the domain is clearly being used as an active site promoting this individual or is being used to generate revenue (which it isn`t) then has she a chance of retaining the domain or even getting some cash out of them if they are that desperate for it? :winkwink:

Comments please?

BS. She can keep it.

http://www.jenniferaniston.com/

Actually that one I think is owned by the right people, but still. I've seen lots of fan sites using the names of the celebs.

Lots of fan sites out there use celeb names, but that doesn't address the legal issue of whether they could win a full-on legal attack. Based on past cases, I'd say the celeb would win it if they fight it properly.

Under a UDRP dispute, they'll consider the celeb's name a common-law trademark. For bad faith, consider the opposite: can your friend show a reason she registered the domain not related to the celebrity's name? Lack of profit so far doesn't disprove bad faith intent. What was her intent?

If your friend is in the US, then under the Anticybersquatting Consumer Protection Act lawsuit (entirely different from ICANN's international UDRP disputes - this would be in US courts), not only would she lose the name, but she'd face possible civil liability. Some excerpts that might apply (it's a long, complicated law):

(1)(A) A person shall be liable in a civil action by the owner of a mark, including a personal name which is protected as a mark under this section, if, without regard to the goods or services of the parties, that person

(ii) registers, traffics in, or uses a domain name that--

(II) in the case of a famous mark that is famous at the time of registration of the domain name, is identical or confusingly similar to or dilutive of that mark;

(B)(i) In determining whether a person has a bad faith intent described under subparagraph (a), a court may consider factors such as, but not limited to

(II) the extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person;

There are other laws they could use too, old-school pre-internet laws, like rights of publicity.

arg, that is very useful - thanks.

She actually acquired the domain in memory of a late friend (sentimental reasons) but how she goes about proving that is another thing.

btw she is UK based so whether the stance that the law firm can take what with the domain laws will be any different I do not know.

i am just waiting to get one for ashleesimpson.ca :)

Anymore comments from the domain guys here?

Thanks.

If your friend has money at stake and its worth it to him to protect it, let me know and I'll put him in touch with the top legal specialist regarding issues like this.

Thanks KRL, will certainly let her know.

She certainly has the funds if necessary but I`m not sure whether she will go to the length of forking out potentially many thousands of dollars to ensure it stays in her position.

It will be interesting to see how the law firm respond to her reply now.

If this happend to me I would reply saying I have dreams of becoming a transexual and will probably do so within the next 50 years. I am reserving the name because I don't want a guys name as a transexual and this name sounds easy to remember. I don't know who the celebrity is your talking about but I am sure she is a good at what she does. All apologies for the confusion,

Stop Drop & Roll.

Then get rid of the domain - ain't worth it.

www.dietredbull.com

;)

:1orglaugh

I would simply reply as follows..


Dear lawsuit happy assholes.

Don't ever threaten me again you overpaid paper pushers. Your previous letters amount to blackmail. if i recieve so much as one more email on this matter i will transfer the domain to china and place pictures of vomit on it.

have a merry christmas.

Lol you gotta love the safety of corporations :)

Originally Posted by raulph
If this happend to me I would reply saying I have dreams of becoming a transexual and will probably do so within the next 50 years. I am reserving the name because I don't want a guys name as a transexual and this name sounds easy to remember. I don't know who the celebrity is your talking about but I am sure she is a good at what she does. All apologies for the confusion,

:1orglaugh

-------------------
Originally Posted by SmokeyTheBear
I would simply reply as follows..

Dear lawsuit happy assholes.

Don't ever threaten me again you overpaid paper pushers. Your previous letters amount to blackmail. if i recieve so much as one more email on this matter i will transfer the domain to china and place pictures of vomit on it.

have a merry christmas.

:1orglaugh