Using real names in domain names

[Silverfern]

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Hi all,

just wondering if any of you know if you can use real celebrity/sportspeoples names in domain names, like alanshearergifts.co.uk etc, and anything along those lines?

I'm thinking it's a no no, but have any of you used names in this way, and is it ok to do so?

Thanks in advance

Ian

[D8MatesLtd]

Hi all,

just wondering if any of you know if you can use real celebrity/sportspeoples names in domain names, like alanshearergifts.co.uk etc, and anything along those lines?

I'm thinking it's a no no, but have any of you used names in this way, and is it ok to do so?

Thanks in advance

Ian

I'd say the problem with that is that if you had alanshearergifts.co.uk then your store would only be able to sell stuff that had Alan Shearer on it.
I mean would you expect to sell stuff with Diego Maradonna on it too ?

There is undoubtedly better domain names available, we use http://www.redbusdomainnames.com they have a superb search engine on the site and .com's are only $6.95/yr

Just my thoughts



.

[JayFCF]

cant help to much but it has got me thinking, would you have to pay royalties for monies made?

[drivetowin]

It probably depends on who it is, bear in mind that someone like David Beckham will have lawyers to strictly manage use of his name and image while lesser celebrities probably wont have - I guess the answer is set up a site but don't be dependent on it and if a celebrity's lawyer comes knocking just hand it over.

[user1635]

Using names like this is fine imho. It can't be a trademark infringement unless they have trademarked their name, and when you trademark a name, it is for one industry sector at a time anyway.

I have quite a few celebrity names parked, i.e www dot celebrityname dot com / www dot celebritynamellllll dot com and have never had any trouble.

Besides, if you are developing the domain to sell merchandise related to that person e.g www dot alanshearergifts dot co dot uk to sell...um...alan shearer merchandise, alan shearer probably recieves a royalty from the merchandising company for every item sold, and therefore won't be complaining.

Reg it, develop it and good luck

[moredial]

A domain name is a business name, and probably falls under the same rules of what you can and can't use. If it is your own name, that is fine because you have all the rights to it. But, using a name to pass yourself off as someone else could get you into all sorts of trouble.

[user1635]

...using a name to pass yourself off as someone else could get you into all sorts of trouble.

Using a domain such as CelebrityNameStuff dot com doesn't mean that you're claiming to be that person or officially endorsed by / representing them. It just means that you intend it to be a site about / selling stuff related to that person.

Look at all the unofficial fansites using CelebName dot tld, and a fair share of those make a profit from ads and affiliate links, they're not non-profit organisations. I don't see any of those (numerous) sites getting taken down or sued.

[grobinso]

I would suggest that it is definitely not a good idea to use someones real name in a domain name, especially if the purpose is to sell products related to that person.

In the case of a .com domain for example it could be argued that the domain name is identical to or confusingly similiar to a mark in which the famous person has registered rights. If the domain name is registered but a web site is not actually active then it could also be argued that you have no legitimite interest in the domain name and that you secured the domain name with the view of selling it to the famous person at an inflated price (cybersitting).

I have just recently had a case against me withdrawn by a massive US ringtone supplier
(frogs legs anyone?) after i contested their claims that i was doing exactly the above.

I would steer clear , but if you want more proof visit www.wipo.int and see just how many cases there are of domain names containing famous names that are seized and transfered to the person with that name. I am quite sure that the same will apply to .co.uk domains as well although thankfully , i havent had to contest any of them ....yet

Hope this helps

Graham

[Silverfern]

Thanks for all the replies everyone, I was trying to find out some info on google and found a detailed case of using celebrity names, basically piercebrosnan.com, his lawyers were'nt happy as it was misleading people into thinking he was associated with it apparrently. (There were other details)

Basically had to hand it over like drivetowin said above, I was keen on using a name in the domain as I did a website for my dad, a local forum for our town and it was top of google, yahoo, msn in a day or two, the domain name did exactly what it said on the tin.

I guess another option is just something like ww.bigexnewcastleforward.co.uk (oviously not that, but y'know what I mean) and keep the content more focused!

Thanks again

[Stellar]

Interesting argument.

I recently asked if I had any right to contest a domain name with my own name, and most people here thought that I could not. Yet some of the same people are on here saying that you should not register a celebrity name and if their lawyers ask for it, hand it over. I'm not a celebrity, but surely it is the same thing. A name is a name. So I am not sure why people have inconsistent opinions.

Anyway, I was thinking something along a similar lines. I wanted to create a fan site for a (not very famous - yet!) singer and also a band. I have registered the singers name.info. It is not going to be a pure affiliate site, but instead a proper fan site. I was even thinking about asking this singer is it was ok to do this and if I could have her support. Of course, the risk to that is that she says no.

But in any case, there are loads of fan sites on the net that contain the band/artist name. For example: pinkfloyd.net, remrock.com,pinkfloyd-co.com, atu2.com.. so i am not sure what the legal position is..

[drivetowin]

I think the main issue here is that you, I or 99% of the population have neither the time, money or inclination to register our own name as a trademark, but celebrities do, or more to the point they have a lawyer to do it for them.

Bear in mind that for really big celebrities like David Beckham, Elton John, Tom Jones etc, they often have a copyright over their whole image, so every time a newspaper or magazine prints even a paparazzi image of them, they have to pay the celebrity a royalty.

[Stellar]

Drivetowin,

So the point is the trademark on the name then? So if the celebrity has not trademarked their name, then it is fine to register a domain and they have no grounds to ask for it?

[drivetowin]

I'm not a lawyer but personally I would say so.

Not individuals in this instance but we own the domain names for a number of national events where the organisations have not registered the event name as a trademark and have successfully retained the names when they have legally challenged for them (hint for anyone reading this, don't be tempted to try it with any events related to the Olympics or our own Premier League, they will come down on you like a ton of bricks).

[Stellar]

OK, thanks Drivetowin.

I think with the domain that I have registered I am just going to ask the singer in question if she minds. I am a big fan of hers and therefore would like her consent. I don't want to go through to trouble of setting it all up and if she does have an issue with it, then get into an argument with her or her managers. Cos then I won't be much of a fan!

[Jeff]

OK, thanks Drivetowin.

I think with the domain that I have registered I am just going to ask the singer in question if she minds. I am a big fan of hers and therefore would like her consent. I don't want to go through to trouble of setting it all up and if she does have an issue with it, then get into an argument with her or her managers. Cos then I won't be much of a fan!

I have loads of domains registered for singers and bands I'm a fan of - but none of them are household names.

The only one I've ever heard from her manager (who is also her dad) asked me about the name I'd registered, and I swapped it for a signed CD and some concert tickets, rather than risk having any kind of legal threat.