Welcome to Welcome to DNF.com™ - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

If you are new to domains and looking to buy, sell and learn about domains then you have come to the right place. DNForum is the largest domain name community on the internet and continues to grow every day. There are over 105,000 domainers on DNForum doing everything from buying domains, selling domains, learning about domains and discussing domains. Take a minute and Register.

Register Today on DNForum IT'S FREE!

Results 1 to 10 of 10
  1. #1
    Platinum Lifetime Member

    Join Date
    Feb 2007
    Location
    london
    Posts
    266
    DNF$
    63
    Bank
    0
    Total DNF$
    63
    Donate  

    commericialising fan sites?

    i own the exact name of 2 major sporting organisations - something akin to miamidolphins.com. i know i can make a fansite legitimately. obviously i would never do anything to lose the domains, but hypothetically would that preclude me from putting up banner ads, etc? basically, what's the borderline between legitimate fansite and trademark infringing commercial site?

    thanks
    Comedy.org on auction at Sedo until 4th of June
    https://www.sedo.co.uk/auction/aucti...ed=&partnerid=

  2. #2
    Platinum Lifetime Member

    Join Date
    Aug 2008
    Location
    Las Vegas
    Posts
    300
    DNF$
    2,752
    Bank
    0
    Total DNF$
    2,752
    Donate  
    It is called the "smell test." If you put up a LEGITIMATE fan site, you'll probably/possibly be okay.

    The problem is, if you're not contemplating a legitimate fan site, but a bare-bones, "form over function" attempt, anyone with a few brain cells will see through it.
    Marc J. Randazza
    The Legal Satyricon
    No post should be considered to be legal advice.

  3. #3
    Platinum Lifetime Member

    Join Date
    Feb 2007
    Location
    london
    Posts
    266
    DNF$
    63
    Bank
    0
    Total DNF$
    63
    Donate  
    Quote Originally Posted by marcorandazza View Post
    It is called the "smell test." If you put up a LEGITIMATE fan site, you'll probably/possibly be okay.

    The problem is, if you're not contemplating a legitimate fan site, but a bare-bones, "form over function" attempt, anyone with a few brain cells will see through it.
    so if a site were in sufficient depth, etc, one could have a few unrelated adverts?

    i would presume doing something like creating a site www.ebay.zz [random counry code] about the rise of ebay then linking to ebay's affiliate program would be over the line, no matter how in depth the site was.
    Comedy.org on auction at Sedo until 4th of June
    https://www.sedo.co.uk/auction/aucti...ed=&partnerid=

  4. #4
    fab's Avatar
    Join Date
    Dec 2004
    Location
    Elad
    Posts
    5,044
    Country

    United States
    DNF$
    33,592
    Bank
    0
    Total DNF$
    33,592
    Donate  
    i would presume doing something like creating a site www.ebay.zz [random counry code] about the rise of ebay then linking to ebay's affiliate program would be over the line, no matter how in depth the site was.
    Ebay.ccTld is not a fan site!

  5. #5
    Platinum Lifetime Member

    Join Date
    Aug 2004
    Location
    Manila
    Posts
    1,713
    DNF$
    7,718
    Bank
    0
    Total DNF$
    7,718
    Donate  
    IMHO it depends on who you're dealing with. Some might...might...like it while
    others won't.
    Vidi, Vici, Veni!

  6. #6
    Platinum Lifetime Member

    Join Date
    Aug 2008
    Location
    Las Vegas
    Posts
    300
    DNF$
    2,752
    Bank
    0
    Total DNF$
    2,752
    Donate  
    Quote Originally Posted by shambles View Post
    so if a site were in sufficient depth, etc, one could have a few unrelated adverts?

    i would presume doing something like creating a site www.ebay.zz [random counry code] about the rise of ebay then linking to ebay's affiliate program would be over the line, no matter how in depth the site was.
    Yes, if you had a site that was sufficiently developed, and it passed the "sham" test, unrelated advertisements would not necessarily destroy your good faith use argument.

    Your example, ebay.zz, is correct.
    Marc J. Randazza
    The Legal Satyricon
    No post should be considered to be legal advice.

  7. #7
    fab's Avatar
    Join Date
    Dec 2004
    Location
    Elad
    Posts
    5,044
    Country

    United States
    DNF$
    33,592
    Bank
    0
    Total DNF$
    33,592
    Donate  
    Your example, ebay.zz, is correct.
    Firstly ebay is very aggressive when it comes to using their name, seondly could you explain what you mean.

  8. #8
    Platinum Lifetime Member

    Join Date
    Aug 2008
    Location
    Las Vegas
    Posts
    300
    DNF$
    2,752
    Bank
    0
    Total DNF$
    2,752
    Donate  
    You are right, Ebay is VERY aggressive about protecting their TM rights.

    What I meant was this -- he wrote:

    I would presume doing something like creating a site www.ebay.zz [random counry code] about the rise of ebay then linking to ebay's affiliate program would be over the line, no matter how in depth the site was.
    And this is correct. In other words, I don't think you could launch ebay.zz, cnn.zz, or any other famous TM/domain name and launch a "fan site" and get away with it.
    Marc J. Randazza
    The Legal Satyricon
    No post should be considered to be legal advice.

  9. #9
    Platinum Lifetime Member

    Join Date
    Feb 2007
    Location
    london
    Posts
    266
    DNF$
    63
    Bank
    0
    Total DNF$
    63
    Donate  
    marc, thanks for taking the time to answer my, no doubt, ridiculous questions
    Comedy.org on auction at Sedo until 4th of June
    https://www.sedo.co.uk/auction/aucti...ed=&partnerid=

  10. #10
    Platinum Lifetime Member

    Join Date
    Aug 2008
    Location
    Las Vegas
    Posts
    300
    DNF$
    2,752
    Bank
    0
    Total DNF$
    2,752
    Donate  
    Quote Originally Posted by shambles View Post
    marc, thanks for taking the time to answer my, no doubt, ridiculous questions
    I would not call them ridiculous at all. Any question asked with the sincere goal of gaining knowledge is never properly characterized as "ridiculous."
    Marc J. Randazza
    The Legal Satyricon
    No post should be considered to be legal advice.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Domain name forum recommended by Domaining.com