Forum Moderators: buckworks & webwork

Message Too Old, No Replies

Copyright Violation?

Character or show name as part of domain name

         

shine0la

7:28 am on Nov 20, 2003 (gmt 0)



Hi everyone!

I'm unclear on how copyrights affect domain names. I run the website for a band who wants to use the name of a character/show in their domain name, along with another word. A very close example of what I'm talking about would be something like fragglewave.com (I'm new here, and I don't know exactly how much I'm allowed to disclose, so this is JUST an example!). Of course, "Fraggle Rock" is the title of a show, and a "fraggle" is a type of Jim Henson (I think) character - that's what worries me.

They want this domain name because of its relation to a long-running inside joke among the band and their fans. For what it's worth, the band has a small local following, with no plans to go nationwide, however, the URL will be listed on CDs that they SELL, so theoretically, they may be profiting from the name. This is the ONLY domain name they've been able to agree on (there are seven people in the band). I realize you're not lawyers, but any advice or links to pertinent info you can offer would be greatly appreciated!

Thanks!

cabbie

11:08 am on Nov 21, 2003 (gmt 0)

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



Hi shine0la and welcome to Webmaster World.
I am not sure of the name you want and how recognisable it is as i have never heard of fraggle but a good resource for perusal is www.chillingeffects.org

BlueSky

11:30 am on Nov 21, 2003 (gmt 0)

10+ Year Member



It's not a copyright violation. You cannot copyright words or phrases. It may be a trademark violation -- you'd have to look up whether it's registered or not. As long as you're not posting info about their character or show or offering a product in the same business area, I think you should be okay. They can still sue or file a UDRP though to dispute the domain usage. These are the three factors they would have to prove to prevail:

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith.

[icann.org...]

Since you all want to place this on a CD, I recommend you consult an attorney ahead of time to review details on your specific case.