Legal Question in Technology Law in Texas

Website I Would Like To Build

I would like to know if you can have a domain name (which I do) that includes part of someone else's domain name for instance: lets say someone has a domain registered as Joesbar now, Joesbar is copyrighted-----both the name and their website.

Now, I come along and register the domain Joesbartoppicks or Joesbarhottestwomen.

Now, using our example Joesbartoppicks and Joesbarhottestwomen are Not copyrighted names. Would I be legal/safe to have a website built called Joesbartoppicks or perhaps Joesbarhottestwomen ?

Could the owner of the copyrighted name Joesbar then go and have Joesbartoppicks and Joesbarhottestwomen copyrighted and thus force me to have my website shut down?

Could I run a contest for instance Joesbarhottestwomen (I would anticipate that 99.9%) of the nominees could come from the original Joesbar website. Before posting pics of the nominees I would e mail them and get a release and explain the prize is getting your picture and limited autobiography posted on my website for everyone to see for a predetermined amount of time. Visitors could nominate someone for 3.00$ or pick from someone already nominated for 3.00$ Would I be able to keep the money? Would there be any possible repercussions?


Asked on 2/02/07, 4:20 pm

1 Answer from Attorneys
Johm Smith tom's

Re: Website I Would Like To Build

You have a lot of good questions, but how do you know that Joe hasn't also trademarked the name with the USPTO or doesn't claim a state trademark. You would be wise to get written consent from Joe to put up your site and also to do what you can to protect your own ownership interest in your site and the assets on it. Something this detailed would be best reviewed with an attorney who could lay out what you can do and how to do it without getting sued or simply shut down by your hosting company or registrar for TOS violations. Internet commerce is the main focus of my practice because I can help people all over the world, and I'm admitted to practice law in Texas.

Read more
Answered on 2/03/07, 2:37 pm


Related Questions & Answers

More Computer & Technology Law questions and answers in Texas