red shift
12-26-2006, 12:16 AM
First time visiting this forum i hope someone can help me
There is a fictional web site name mentioned in a current best selling novel by a very popular author, no .com or .net etc mentioned just something along the lines so and so runs the XYZ website
I registered both .com and .net of this website name.
If I try to sell the site name am i infringing on intellectual property rights or a copyright? I want to list it for sale quickly since the book is current, can I mention in the listing the book, author and even the page numbers?
Thanks,
Red
Dave Zan
12-26-2006, 06:52 AM
If you try to sell the domain name to the author who might have trademark rights
to the term, you're in potential trouble.
If you put up any commercial ads on the domain name's site that's showing all and
any ads of competing products of those who hold trademark rights, you're also in
potential trouble.
If you mention the book on the domain name's website, combined with any and all
commercial ads, you're yet also in potential trouble.
Bottom line: if someone can demonstrate trademark rights to any term your domain
name bears and if it shows any current commercial use, then expect lots and lots of
potential trouble.
Check online for various disputes involving JK Rowling to give you some ideas.
IANAL. But greetings and welcome to the forum. :)
red shift
12-26-2006, 02:05 PM
thank you for the reply i guess i will just consider it a loss for now
domnom
12-26-2006, 09:20 PM
If you are sure it's a fictional name then nothing will happen
The issue that some other company may hold a trademark for this is the same for all the domains we register
BobBarato
12-27-2006, 12:40 AM
Uh....was it "HornyManatee.com? :blush:
Seriously, I am not a lawyer but just because I write something in a book doesn't mean I automatically get the trademark right? Copyright is another thing altogether. So unless the author or publishing house or other representative has gone out and filed for trademarks, which have to specify market segments, and no one else has, they're fair game. Different countries probably have way different laws too.
I would speculate that in the Harry Potter/Rowling arena, given the $$$$ involved, some top notch intellectual property types are on guard.
You figure nowadays, anybody who trademarks anything checks to see if the .com domain name has been taken or not right? How about them movie title domain names.
red shift
12-27-2006, 02:40 PM
yes it is a fictional name and site
i would like to try selling it off today since ebay has the 15 cents insertion day
so you think it is ok to say site name without extension mentioned in this book and give the authors name and title?
btw is ebay an ok place to try and sell?
if it goes for a high amount do i need an escrow service?
hopeful thinking lol
jerett
12-27-2006, 03:22 PM
i would have to say you should be okay on this. If there would be an issue - then I think the author would have already purchased the name himself. I would pursue it and try to sell it.
Techno
12-27-2006, 04:37 PM
Are you getting any hits? That would be a selling point.