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"

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...

"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.

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...

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

babehunter contact me on icq: 20962999

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..

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.

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...:Graucho

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 :)