Please help re: political domains

[jacal1]

I own nominateobama and obamagiuliani (both in .com). Here is my question - the way I understand it, no one can trademark their own name except in rare cases. Is there any reason I should hesitate to offer the first one up to his campaign? Could I get in any trouble, or could they take them from me somehow?

Thanks!!

 

[Deleted member 70408]

Look up the EliotSpitzer.com and TomCruise.com on Google for just two of many examples.

 

[Deleted member 5660]

Anticybersquatting Consumer Protection Act:

(b) CYBERPIRACY PROTECTIONS FOR INDIVIDUALS-
(1) IN GENERAL-
(A) CIVIL LIABILITY- Any person who registers a domain name that consists of the name of another living person, or a name substantially and confusingly similar thereto, without that person's consent, with the specific intent to profit from such name by selling the domain name for financial gain to that person or any third party, shall be liable in a civil action by such person.
(B) EXCEPTION- A person who in good faith registers a domain name consisting of the name of another living person, or a name substantially and confusingly similar thereto, shall not be liable under this paragraph if such name is used in, affiliated with, or related to a work of authorship protected under title 17, United States Code, including a work made for hire as defined in section 101 of title 17, United States Code, and if the person registering the domain name is the copyright owner or licensee of the work, the person intends to sell the domain name in conjunction with the lawful exploitation of the work, and such registration is not prohibited by a contract between the registrant and the named person. The exception under this subparagraph shall apply only to a civil action brought under paragraph (1) and shall in no manner limit the protections afforded under the Trademark Act of 1946 (15 U.S.C. 1051 et seq.) or other provision of Federal or State law.
(2) REMEDIES- In any civil action brought under paragraph (1), a court may award injunctive relief, including the forfeiture or cancellation of the domain name or the transfer of the domain name to the plaintiff. The court may also, in its discretion, award costs and attorneys fees to the prevailing party.
(3) DEFINITION- In this subsection, the term `domain name' has the meaning given that term in section 45 of the Trademark Act of 1946 (15 U.S.C. 1127).
(4) EFFECTIVE DATE- This subsection shall apply to domain names registered on or after the date of the enactment of this Act.

 

[Brett Lewis]

Anticybersquatting Consumer Protection Act:

(b) CYBERPIRACY PROTECTIONS FOR INDIVIDUALS-
(1) IN GENERAL-
(A) CIVIL LIABILITY- Any person who registers a domain name that consists of the name of another living person, or a name substantially and confusingly similar thereto, without that person's consent, with the specific intent to profit from such name by selling the domain name for financial gain to that person or any third party, shall be liable in a civil action by such person.
(B) EXCEPTION- A person who in good faith registers a domain name consisting of the name of another living person, or a name substantially and confusingly similar thereto, shall not be liable under this paragraph if such name is used in, affiliated with, or related to a work of authorship protected under title 17, United States Code, including a work made for hire as defined in section 101 of title 17, United States Code, and if the person registering the domain name is the copyright owner or licensee of the work, the person intends to sell the domain name in conjunction with the lawful exploitation of the work, and such registration is not prohibited by a contract between the registrant and the named person. The exception under this subparagraph shall apply only to a civil action brought under paragraph (1) and shall in no manner limit the protections afforded under the Trademark Act of 1946 (15 U.S.C. 1051 et seq.) or other provision of Federal or State law.
(2) REMEDIES- In any civil action brought under paragraph (1), a court may award injunctive relief, including the forfeiture or cancellation of the domain name or the transfer of the domain name to the plaintiff. The court may also, in its discretion, award costs and attorneys fees to the prevailing party.
(3) DEFINITION- In this subsection, the term `domain name' has the meaning given that term in section 45 of the Trademark Act of 1946 (15 U.S.C. 1127).
(4) EFFECTIVE DATE- This subsection shall apply to domain names registered on or after the date of the enactment of this Act.

Enough said. If you are registering the names of candidates for the purpose of making political speech, then the above section should not apply. Some candidates, such as Hillary Clinton, also possess trademark rights in their names because they are authors, actors (think Arnold), etc. and have engaged in commerce under their names. As a general rule, a genuine protest site will be protected. Registering a domain name to sell it to a campaign will not.