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My nephesw is 10 yeras old. His name (.com) is unregistered and I would like to pick it up and hold it for him. The only problem is that there is a very minor celebrity with the same name. Would I be running into legal trouble if I regged it and held it for him (even as a blank page)...

Comments (15)

If you have a page set up saying that you intend to develop the domain, showing that you registered it in good faith, I don't see any TM issues. I registered RandyPendleton.com (he was a golfer) similar I put a little info about myself on it and I intend to add more about me later. I'm safe surely if you reg this, you'll be safe, too (as long as you keep your registration in good faith, as you intend)...

Comment #1

The sooner you reg it and put up something (preferably that of your nephew.

With no hints whatsoever of that celebrity), the better your chances of then.

Demonstrating your bonafide use should someone decide to challenge it down.

The road.

But you know, it brings up an interesting hypothetical. Suppose:.

1. A celebrity and I have the same first and last name.

2. I register my domain name-sake (which I did anyway) before s/he did.

3. I input PPC ads but make sure it has nothing to do with the celebrity.

The celebrity eventually disputes this. But I'll be able to show documents (like.

My birth certificate) that I really am named that.

I wonder.....

Comment #2

Yes the PPC thing ads a wrinkle. But in this case, I am more thinking about his vocation. It already seems likely that he will be an artist of some sort. He is about as right-brained as you can get. So having a choice domain could be important for him. So he would not have to worry about that angle.

Thanks for the replies...

Comment #3

Here is where we can get a ton of debate, I can argue both sides. But in the end, could the celeb prove all three criteria? If you did indeed register and use it in bad fatih, that could cost you. The celeb can claim greater rights to the nanem since his name is used in commerce. It could be tricky, but never a gaurentee..

Comment #4

The whole pesky Mike Rowe thing comes to mind.....

Comment #5

That's what I also thought. I mean as long as I make sure the PPC ads never.

Show any commercial item the celebrity might have endorsed, for example, I.

Might have a chance.

I guess this is one of those things where you really won't know until you cross.

That bridge. If that happens to me, I'll be sure to let you know...

Comment #6

Reg the name...pay for as many years as you can afford. Simply place something artistic or maybe a photo of him as a baby. Then wait till he is old enough to transfer it to. Honestly they can't touch you. If you want...put his birthday on the page. I would say this is fair-use and so clean that you can't lose the domain even in a court battle...

Comment #7

F the site is truely for him, do not put any PPC on it, make it a family album or a blog site of your nephew... as mentioned, put up artistic pictures, or his own creations, then will help you in the long run...

Comment #8

Why not just put up a link to the celebrities official website? Tell visitors the site is for your nephew and if they were looking for "Celebrity X" click the link and redirect them...

Comment #9

Why not put the domain in your nephews name in the domain registration...

Sort of like "Your Name c/o Nephews Name" in the reg, admin and technical fields...

Also, write up a basic contract that states that your nephew is the legal owner of the domain, but that you will be managing the domain for him until his 18th birthday... Get his parents to sign it and get it notarized.

That may be a bit much, but it'd definitely be a nice piece of evidence to admit if the need ever arose, because it clearly shows your intent, is notarized and dated, and refutes any claims of bad faith...

Comment #10

This is not a legal opinion - just because they share a common name doesn't give one party more sway because they are a star. First person to register it should be able to claim and keep it. If the star really wanted it, it would be registered already. Just don't put ads pertaining to do anything with the star. Other ads would be just fine - it's his domain and as such can do what he wants with it - tough damn luck to the other person...

Comment #11

Yes, if you are truly concerned about anything happening, this could be a good idea. And as others have said, they really can't touch you anyways if it is indeed for your nephew...

Comment #12

Usage, usage, usage... celebrities names are recognized as thier TM... in this case, it would depend totally on how the domain is being used. Don't fool yourself that the domain is safe, and don;t think the first is the winner. You still need to protect yourself from any possible improprieties. BTW- Minors cannnout enter a contract for ownership.. so if the domain is in his name and proven he is underage, e could lose the domain since he can't legally form a contract.....

Comment #13

The part about being a minor - can't the legal guardian enter the contract on their behalf? My mom and dad co-signed for my first car loan at 17 and even helped me open a bank account at 12 for my paper-route money. Of course laws differ from place to place but common law in the US is not that different from Canada...

Comment #14

Yes, your parents can own it, but it was mentioned putting the domain in the monor's name. That is what I was referring to. The minor could be the Techinical contact and billing contact, but the registration should be in an adults name...

Comment #15


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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