A Legal Way Around Name Cybersquatting? What the…?
People are getting sued left and right for having domain names with others’ names in them (a.k.a. cybersquatting). They’ll buy a domain name with a famous person’s name in it, and normally try to sell it to that person, or make a website about that person with the intent of making a profit.
While I would love to tell you I have a clean domaining record, there was one point where I did get a cease and desist letter for owning and trying to sell a domain name with a famous person’s name to that famous person. But I can tell you, I gave it right back with no questions because I knew that I was wrong to own and intend to profit off that name.
Of course, just to take precaution, I decided to do some research to make sure I wouldn’t get sued even after giving them back the name. While I decided not to worry about it because it stated very clearly in my cease and desist letter that the terms were I give the domain back and there would be no case, I also learned through my research something interesting, something that many do not know. (The source of this information is WiseGeek.com.)
If you build a legitimate fan website that makes no profit and has no intent to make profit (e.g. no ads, links, etc.), you may be protected from prosecution because of the federal anti-cybersquatting law. I’m not going to sit here and tell you this is a good way to conduct business, nor is it white hat business, but it’s just an interesting catch (although I’m not exactly sure the extent to which this is true).
I think that this catch is stupid. Either you make owning a “name domain” legal or illegal. No “but’s” about it!
Do you agree or disagree? Make sure to comment below!
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I think you need to provide protection for the xyzsucks.com type sites, so as long as they are making fair, non-profitable use of these domains they have a right to exsit in the internet ecosystem. The web is meant to be an egalitarian environment, so if you don’t protect them – big brands will just stomp out all dissent. So while this protection means that some people will use the same laws to hide their own nefarious intentions – on balance I’d rather protect the right of the many to free speech, even though it provides less legitmate protection for the few
Hey, there are some bonafide fans out there that just follow the exploits of their favorite team, celebrity, person or organization(s) et al.
I am not necessarily that ambitious about anything like that but far be it from me to make it illegal if their use of said name is legitimate and not being used for “cybersquatting”, which in this case is not.
Many may just be putting up information for other groupies of the subject. I say leave them be as it harms none.
Nice Timing…..
Came across this in the local Rag this morning.
Court on Bosh’s side:
Toronto Raptors forward Chris Bosh won control of nearly 800 Internet domain names, wrongfully appropriated from professional athletes and celebrities, his lawyer said yesterday.
The ruling, which Bosh’s lawyer said is the first time a court awarded third-party domain names to a plaintiff, gives the basketball player control of http://www.chrisbosh.com and website names that incorporated names of other NBA stars, including Denver’s Carmelo Anthony and Phoenix’s Steve Nash.
But Bosh, a four time all-star and Olympic gold medalist, has no plans to retain the domain names.
“I am thrilled that I am able to offer the return of these domain names to a host of other athletes and celebrities whose names were cybersquatted.” Bosh said in a statement. “I will offer the return of the domain names free of charge.
-SUN wire services
Reprinted without permission from the Toronto Sun newspaper:
@Dluzional – Funny you mention that. I read that news yesterday afternoon – and it reminded me of my cybersquatting experience, which inspired this article. Thanks for the comment!