Can I register ArtistName.com if the artist is dead?

[erdinc]

There are some authors I like and some of their NameSurname.com domains are available. None of them is alive. Of course I'm going to put content related to the author.

How long does a trademark last after the authors or artists dead?

Could I get into trouble? How long does it need to be after his dead? If the author is French does it make a difference considering that I wan't the .com version?

[Banned: Sonny]

In theory if the artist is a big enough name then their estate will have trademark rights for the name. In reality, if the name is available to register then you likely won't encounter a problem....regardless of whether they have a trademark or not.

[typist]

I think you may be confusing copyright with trademark concepts here. I doubt you'll run into a lot of trademark problems with dead authors' names, but you can always do a trademark search. NameSurname.com shouldn't cause any problems in terms of copyright either - however you may wish to be careful to check the rights to whatever content you upload.

http://en.wikipedia.org/wiki/Copyright
http://en.wikipedia.org/wiki/Berne_convention

[erdinc]

Thanks for the comment tpyo. Of course I'm not going to put a scanned copy of his book on the website. I know that I can't use copyright material.

I'm just curious about using an authors name. Not that its available but say I wan't to register CharlesDickens.com and make a website about this author.

Assuming there is no copyright content on the website but it is related to the author. Could I be sued because using his name for economical gain?

By the way, I just regged Rene Char dot com. Who was a French poet and died in 1988. Now, I started searching for all my favorite authors. I don't know why I haven't come to this idea before. It will be fun creating some websites for them.

Actually your post made me curious about copyright as well. Returning to the previous example would I be in trouble if I had put an ebook of Charles Dickens in the website. I think it was copyright that lasted 50 years. You were right. I'm confusing them.

[DNQuest.com]

Dead celebs usually ahve their TMs owned by an estate which if usually run by relatives. Yes, you would be infringing on a TM if you register a domain for a dead celeb. I made a post today which shows the list of the top 10 dead people earnings. The estate can and should challenge domains that are infringing on the TM. Alot of relative have become very rich from royalties/works/ IPs/ patents/ TMs. Those will never go away, the will remain alive and well for as long as someone maintains it.

Now. if you were asking about putiing up a fansite, now that is a different story. If you made it an unofficial fansite and make no money from i, then you have a case to keep the domain if challenged.

[typist]

Dead celebs usually ahve their TMs owned by an estate which if usually run by relatives. Yes, you would be infringing on a TM if you register a domain for a dead celeb.

If you define a "dead celebrity" as someone who has registered trademark rights for his or her personal name, you're right.

A more commonly used definition of celebrity would certainly include a majority of people who never registered any trademark rights for their personal names.

[erdinc]

This issue is getting complicated. So there is a chance that the name might be a trademark. I need some examples to fully understand the issue. Are these names a TM's?

Charles Dickens
William Shakespeare
Anton Chekhov
Franz Kafka
Voltaire

Do I need to check all possible trademark databases to be sure a name is not a trademark. How about different countries? If a name is TM is any country in the World am I automatically disallowed registering that .com domain name?

I really don't understand how it can be possible to have a TM like "William Shakespeare". If you have a publishing company with the TM "William Shakespeare" thats fine or if you have a theater with the name "William Shakespeare" thats fine as well. You are getting the TM in that business but you don't get full control over that name on any possible field, do you?

I don't understand the estate thing.

[typist]

Do I need to check all possible trademark databases to be sure a name is not a trademark.

I think you should go ahead and register your domain names; there's no need to worry as long as you are acting in good faith. Anyway:

Bottom line, there is no positive duty to look for trademark problems when registering a domain name, and the majority of WIPO UDRP cases dealing with the subject reject constructive notice of registered marks.

[Dave Zan]

I don't understand the estate thing.

Maybe this will help:

http://domains.adrforum.com/domains/...ons/503817.htm

[DNQuest.com]

[QUOTE=tpyo;981305]If you define a "dead celebrity" as someone who has registered trademark rights for his or her personal name, you're right.

QUOTE]


Absolutely wrong... A celebrity does not have to be registered to have rights. And those rights can be passed down. If has been ruled over and over the a celebs name is their TM.

"Originally Posted by jberryhill
Bottom line, there is no positive duty to look for trademark problems when registering a domain name, and the majority of WIPO UDRP cases dealing with the subject reject constructive notice of registered marks."

This has nothing to do with this situation. That has to do with TMs which may not be known to the registrant. The OP obviously knows this is a TM. Besides, you can't cut and paste from other threads without explaining the context of the explainantion. That thread dealt with a TM that was not known to the registrant.


Since legals in having issues, I just edited this post sonce no one can reply....

@DNQUEST

Albert Anker is arguably one of, if not the most well known dead Swiss painter (and even the favorite painter of the current Swiss Minister of Justice).

albertanker.com isn't taken yet.

Are you trying to say I should not consider to set up a site with some images of his paintings and possibly some adsense code to cover some of my costs, because albertanker.com infringes on trademark rights (which I should know), and his estate (albert-anker.ch) will pester me and endeavour to take the domain away from me?

If you do any research in legals about TMs and celebs, you will see exactly where I am coming from. Here is what I am saying:

Celebs' names are their TM, it does not have to be registered to be recognized. Dead celebs still have rights which are owned by their estate/family/others. They, as TM holders have the right to protect thier mark. And if you did any research here, you will see the umpteen number of times I have explained how to PROPERLY use celebe names. Then again, you need to proper motivation to use a celebs domain in good faith. Anyone hwo looks up stats about a celeb (dead or alive) is looking to make money, IE- be a cyversquatter. But there are people who use a celebs name in good faith and run it as it should be. And to be quite frank here, most domainers egister celeb names to make money, not because they are a fan. And to open up even more, I run several fansites to which I am truely a fan. I have been challenged on them and I have won each and every time.

So to answer your question, yes, you can register celeb names. Yes, you will be infringing. No, adsense is concidered making revenue, hense bad faith. If you use the domain in good faith, then there is no issue aobut TM. But as soon as you receive one penny for the site or offer it for sale, then "good faith" has been comprimised. Additionally, a true fansite is much more than a couple pictures. If you can show you put effort into the site (interactive, kept up to date, have a MB, etc...) Then you have established good faith.

This is not a blakc or white issue... it is a huge grey and the best you protect yourself, the better off you are. But if your intention is to make money, then that is squatting ofr commercial gain.

[typist]

@DNQUEST

Albert Anker is arguably one of, if not the most well known dead Swiss painter (and even the favorite painter of the current Swiss Minister of Justice).

albertanker.com isn't taken yet.

Are you trying to say I should not consider to set up a site with some images of his paintings and possibly some adsense code to cover some of my costs, because albertanker.com infringes on trademark rights (which I should know), and his estate (albert-anker.ch) will pester me and endeavour to take the domain away from me?

[erdinc]

"albert anker" doesn't show a good overture score. Its only 120.

I have found that "Henri Poincare" dot com isn't registered. It has an overture of 198. "Henri Poincare" was a famous scientist.

Doesn anybody know a bulk overture checker? This is the biggest problem I have. Bulk google exact phrase search showing number of seach results could give me an idea as well if it had existed.

Unfortunately google adwords is uselss for long lists or phrase searches.

[jberryhill]

Albert Anker is arguably one of, if not the most well known dead Swiss painter

Which is he known for? Painting or being dead?

Bruegel is probably more dead AND more famous.

[Jacksplat]

Doesn anybody know a bulk overture checker? This is the biggest problem I have. Bulk google exact phrase search showing number of seach results could give me an idea as well if it had existed.

Unfortunately google adwords is uselss for long lists or phrase searches.

Bulk searches with ovt is gonna be a thing of the past (I hope). The sites so slow now thanks to some "useful" tool that even getting the results from one term is hit and miss, took me 3hrs today before the site resolved a result. I phoned Yahoo and asked them to please put a security number entry into the form, same as the bid checker has. The guy agreed and is working on getting it done. I Cant wait.



As for copyright dead people.. The last time I read copyright laws was about 4 years ago, maybe 6. At the time 70 years after someone dies their work loses its copyright. However, ™ might have been done by family or partners, or even gold-diggers. Certainly worth looking into for some stuff.

[MediaHound]

I phoned Yahoo and asked them to please put a security number entry into the form, same as the bid checker has. The guy agreed and is working on getting it done. I Cant wait.

What was his name and what number did you call?
please pm me

[Jacksplat]

i called one of the clerks in the ad dept. They actually use the tools. his view bids tool is what he uses often and never has a problem, i dont have a problem either with that one, its the keyword tool that doesnt have the security number feature and is lagged to death. He tried it while i was on the phone with him and became interested. I told him its being spammed and needs anti-spam implimented to solve the issue. He's drivin to fix the problem. I'll check back with him next week if its not fixed, i've come to depend on it for quick keyword choices the last year and since early summer its been the pitts. I only check one at a time and have no luck. People gotta stop pummeling a freebie with all those spam tools ruining for everyone.

[DNQuest.com]

To get back on topic since this start before the section closed down.... Here is what dead celebrities earn in 2005 for their estates...

http://top40-charts.com/news.php?nid=27917