WEB Question about trademarks

Discussion in 'OT Technology' started by Browning, Jun 17, 2009.

  1. Browning

    Browning Active Member

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    So I recently done a search on namecheap for a band I really like and found that a .net and another extension were unregistered. I went ahead and scooped them up but I have a few questions.

    My plans are to start a blog that will have embedded videos, pics of the band, tour info, news, etc. If I place something on the site for instance in the footer that states that it's in no way shape or form affiliated with "the band" and it's just a fan site, could I still get in any trouble? I could also place a link to the bands site:dunno:

    I won't be hosting any pirated music or anything, but I'm afraid there may be some legal problems with the domain?
     
  2. Pepsi1975

    Pepsi1975 Mod of the Year

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    I have done it in the past and never had a problem, I know some artists enjoy visiting fan sites
     
  3. trev.the.enemy

    trev.the.enemy New Member

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    It depends on the band's label - some of them have control disorders.

    For the most part, though, as long as you state that you're not actually THE band, nor the label, you should be fine.

    Also, don't try to make money off of the band name directly unless it's Adsense or something similar(AM selling CD's, or w/e :dunno:).

    If the band isn't HUGE, you should be pretty good to go. If it's Metalica, I know good lawyers :h5:
     
  4. Pepsi1975

    Pepsi1975 Mod of the Year

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    If it is metalica browning needs a bullet to the head :rofl:
     
  5. >DRIVEN<

    >DRIVEN< Hi

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    :rofl:
     
  6. Browning

    Browning Active Member

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    I'll be placing something on it soon about not being the band, and I'm going to place a link to the bands site. I just plan on using adsense, maybe an amazon link or two. They're not real huge yet, but I'm sure you've heard of them:)

    The bands site fucking sucks ass. Mine probably will as well:o
     
  7. Browning

    Browning Active Member

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    :rofl:no it's not Metallica
     
  8. maxxpower

    maxxpower OG Lauren Crew - Observer OT Supporter

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    It depends entirely on how litigious the bands are...
    Trademark law generally allows for "Goodfaith" use of trademarks. Essentially, if you are not confusing the viewer/customer into believing that the trademark is being used by someone who is not the registered trademark holder, then you "should" be good to go.

    Example of this is..
    "www.pepsirocks.com, a site dedicated to the awesome taste of pepsi products." Perfectly acceptable.

    "www.pepsyrocks.com, a site dedicated to the awesome taste of pepsi but confuses the customers into purchasing an off brand of pepsy"
    Unnaceptable.

    Fan sites have been challenged repeatedly in courts and under most circumstances have come out ahead with the exception of various cases in other countries.

    Bottom line, if you keep your nose clean and dont purposely lie or confuse the viewers you should be ok, but keep the following in mind.

    It is not wether or not you are breaking any laws that is the issue at hand, its the cost of accusation and litigation that you face the greater challenges againts.
    If a Band decides that you are breaking some obscure copyright law and you are not... you will still be on the hook for defending your stance at a significant cost.
    This is why some of the fan-site and most copyright law cases end up in the bands favour, not because they are upholding any law, but because those accused of breaking such laws rarely have enough funds to prove their innocence.
     
  9. Browning

    Browning Active Member

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    I'm thinking I'll be alright with this one then. I also thought about shooting an email through the band site to see what they'd think but that's probably a bad idea:o
     
  10. maxxpower

    maxxpower OG Lauren Crew - Observer OT Supporter

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    I dont suggest emailing the band.
    Chances are if they respond, they will go to a lawyer for at least comment and the lawyer will suggest them not to give you permission.
     
  11. 07

    07 18-1

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    If you do put time into it, realize that it can be taken away. (from someone who had (2) 300 page documents sent to him from lawyers in D.C. representing a company, all after they froze and un-hid my domain. lol)

    I also have had domains de-indexed by google because of the company contacting google. Happened 3 times before I figured out every time I got to Page 1, the site was de-indexed within days. fuckers.
     

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