Band domain

[patroiz]

I just got an email from a band asking for a domain that I have,

There is no TM on the domain and it is currently a fansite with no ads.

The band is getting extremely popular and it is getting alot of type-ins already.

Should I keep the domain or give the domain to the band (I only paid reg fee couple of months ago)? Is there any chance that I could be sued?

Thanks in advance

 

[domaingenius]

Why not at least try and get some money from it ? If you want to bail out just
transfer it to me and I will split what I get from it 50/50 ,im good at these things,usually.

DG

 

[Onward]

front row seats & back stage passes for life...

seriously.

 

[EnricoSchaefer]

Sounds like you registered the name knowing that there was a band out there with the same name. If you have ads or are deriving income from the site, that makes it cybersquatting. If it is a non-commercial fan site, you may have some defenses. They don't need to have their band name registered as a trademark to be protected. They have common law trademark protection.

Sounds like this might be a Harry Potter style domain dispute. That registrant said he was a fan as well.

I agree with the comments above; get some back stage passes and do the right thing. let the band have the domain. it sounds like they are legally entitled to it.

Enrico Schaefer, Attorney
Domain Name Dispute & Cybersquatting Attorney
enrico.schaefer [@] traverselegal.com

 

[patroiz]

I got some really good advice from a fellow member in PM and I was thinking about making a website with unrelated content and no advertising. The domain is somewhat generic.

Getting backstage passes is a good idea but it would cost me atleast $5,000, with the economy here in Iceland being in this condition, just to get to USA so it would be an expensive concert.

Enrico Schaefer; "common law trademark protection" does that apply worldwide? Or is it more like DMCA? I guess I am just scared about the potential liability.

 

[EnricoSchaefer]

For all practical purposes, it does since the internet and web sites are by their nature global.

 

[jdk]

Tell them you will sell it to them for your time and cost in acquiring the domain. It will cost them $1200-$1500 to file a UDRP. Tell them you will sell it for $750 if you want to be generous. Otherwise, tell them $1000 or just hand it over. Just be sure it is actually the band trying to get the domain from you and not some scammer.

 

[PeterMan]

Why not try to "lease" it to them in return for the ad revenue? They get their domain and website, you get the ad money...

 

[domaingenius]

Regarding the DMCA .I am in the UK. I got sued under the DCMA
and it was issued in a US Court. Was a VERY large US Corporation
(confidentiality excludes more). Matter got to Court and was
settled in Court before trial. So yes they can and if I had'nt
"fronted up" I would have got eaten.

DG

I got some really good advice from a fellow member in PM and I was thinking about making a website with unrelated content and no advertising. The domain is somewhat generic.

Getting backstage passes is a good idea but it would cost me atleast $5,000, with the economy here in Iceland being in this condition, just to get to USA so it would be an expensive concert.

Enrico Schaefer; "common law trademark protection" does that apply worldwide? Or is it more like DMCA? I guess I am just scared about the potential liability.

 

[patroiz]

Regarding the DMCA .I am in the UK. I got sued under the DCMA
and it was issued in a US Court. Was a VERY large US Corporation
(confidentiality excludes more). Matter got to Court and was
settled in Court before trial. So yes they can and if I had'nt
"fronted up" I would have got eaten.

DG

Really? I know that many companies have been burned by handing out DMCA threats to the Swedish Pirate Bay.