Forum Moderators: buckworks & webwork

Message Too Old, No Replies

Is band name + cds in a domain ok?

Trying to find out if this could cause legal problems

         

superpower

5:37 am on Aug 24, 2006 (gmt 0)

10+ Year Member



Sorry if this is obvious, I normally don't get domains with a proper name in them, well here it goes...

I have a domain like bandnamecds.com, except of course insert the real name of the band.

The band in question is well-known and has lots of popular CDs. Not sure if it matters but the band name is also an everyday word which has many uses and appears in many domains for another meaning and many urls too. I plan to sell their CDs though...I want to be the specialist of all cds/imports/special edition whatever of only this band.

Anybody have experience with this kind of domain?

Can I do this without too much legal hassle or is it too sketchy?

jmccormac

6:33 am on Aug 24, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



Get a legal opinion on this one. If you registered the domain, it could be argued that there was some implied exclusivity for the site (ie some kind of business relationship between you and the band). And with Microsoft getting trigger happy about their trademarks, you could be walking into a world of trouble if the band has a trademark.

Regards...jmcc

Syzygy

10:19 am on Aug 24, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Going a step further...

Why not ask the band's management? It's perhaps unlikely that they'll object to a service being set up that exists solely to promote and sell their products (although one can never be sure)... Also, seeking "permission" may allow room for negotiation on "exclusive" deals and more.

Just a thought...

Syzygy

gpmgroup

10:24 am on Aug 24, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Without permission you are skating on thin ice. You are clearly using their name for monetary gain.

ytswy

10:52 am on Aug 24, 2006 (gmt 0)

10+ Year Member



I'd advise against it without prior permission. Even if you think you can do it legally, the real questions are: could you actually afford to fight? And would you even want to publically fight with the band who's aftermarket you are serving?

We've been forced to give up a domain we'd built up and marketed over 18 months and it's not a position you want to be in.

superpower

6:48 pm on Aug 24, 2006 (gmt 0)

10+ Year Member



Thanks for all the advice... good points about the possible legal risk.

The more I thought about it doesn't make any sense to risk a lot on that one domain. I have a ton of other good domains with generic keywords to develop.

Maybe I will sell it though...