Legal Question in Technology Law in Florida

Re: domains names of individuals persons

It is difficult to predict the likely outcome of your case because you do not state the name of the domain you registered.

It is also dangerous for you to rely on the legal opinions of webmasters. It is inaccurate to say that the nature of the material on your website determines your ultimate liability. The use of the domain name, even without promoting, referring to or mentioning the individual's name on the webpage, could result in liability. For example, I would bet that an adult film star would not be pleased to see his name as a domain hosting pages dealing with the health implications of AIDS. He could conceivably sue for tarnishment or dilution of his trademark.

He could also sue for violation of his right to publicity.

You should immediately contact an attorney well-versed in these considerations.

Re: domains names of individuals persons

Actually, you might be better off putting on the main page of your website that your "site is not affiliated with any actors or anyone with a similar name." That removes the possibility of the all-important trademark violation of "consumer confusion", assuming that this actor's name is well-known enough and carries with it some commercial value.

That's my opinion, but I'm not your lawyer and I don't have all the facts and I don't know California law.

I'm curious; what's the name / URL you use? Please e-mail to me (with Lawguru in the subject line!) at [email protected], if you would.

Re: domains names of individuals persons

Celebrity names are like corporate trademarks in many respects. In fact, many really famous celebrities have trademarks for their names.

Your webmaster friend is giving you bad advice. The use of a trademark or celebrity name as your domain name in order to divert business to your site may be actionable given the right circumstance. For example, if you registered johnwayne.com for your site you would have an uphill battle to defend it against the estate of john wayne, as I doubt any excuse you could provide would fly in a court of law.

If you provide the URL of your site, I might offer more specific comment.

You need to consult an attorney experienced in Internet law trademarks and copyrights. My website is www.burdlaw.com if you want more information on my experience and capabilities.