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I recently registared the names CorruptClinton.com and .org. Can I get into any trouble for either having these names or reselling them?..

Comments (24)

Shorthand answer is yes. Whether you will or not can depend on:.

1. How you'll use it, especially if it infringes a famous Clinton's rights.

2. If they find out about it and decide to make a fuss.

Weigh your risks...

Comment #1

You will not get into trouble..

Such domain names are protected by your free speech rights...

Comment #2

Free speech only proctects you up to a certain point. There is a difference between defamation/libel and mark infringement...

Comment #3

Why do you say that? Please give details...

BTW- Did you notice the part where the OP asked about reselling them??? I guess you didn't just by reading your reply. The OP is asking about making money from a clebs name (IE- thier TM and his commercial usage) which is not protected by free speach.

Did you also read all the decisions from WIPO and NAF? They deal with celebs all the time. Are you suggesting that every celeb name was won by the defendant...

Comment #4

I know of no celebrity who is named Corrupt Clinton..

TKdka can safely do whatever he wants with that domain name..

Including selling it...

Comment #5

He cannot, this is irresponsible advice, not to mention that is shows you know very little about domains and TMs. You are wrong about this point and you should read up before you post in legals.

Btw- Clinton is a famous person which is being used in the domain...

Comment #6

If you go to whois.net and search on keyword "clinton".

You will see that there are thousands of registered.

Domain names with clinton in the name.

Furthermore, many companies who trademark generic names.

Do it as a defensive measure and would never sue anyone.

Else who uses them, even people in the same business..

If you let a trademark keep you from registering a generic.

Domain name then you are too much of a wimp to be.

A domainer...

Comment #7

Hmm....Sorry DNQ but the man has a point. And again USAGE is what's going to make the difference.

He is asking if he can get into trouble by registering or reselling these names. I think the answer is NO. Bill or Hillary do not have a TM or even common law TM on the name. It's their last name and that's it. http://amazon.com/s/ref=nb_ss_gw/102...&Go.x=0&Go.y=0 And which Clinton is that? Hillary, Bill, or maybe Chelsie? The chances of someone bothering him over this name are almost zero imho. The chances of him losing the domain if he was contacted imho are less than 25% imho.

Have you noticed Clinton.com? Notice BillClinton.com?.

I am suprised you didn't place more thought into your response DNQ. Maybe you haven't had your coffee yet.

Peace brother...

Comment #8

Labrocca.... bout time you piped up. DNa is just causing trouble while dispensing bad advice without justifying his claims. As you know, I will correct people who are giving bad advice. Yes, usage plays an important part. We both know that.

But you cannot make blanket statements which state absolute solutions wihtout first making qualifying merits to the statements. The OP clearly is looking to profit from the famous Clinton name. His target is blatantly obvious (btw- the economy has never been better in the history of the US under Clinton, he even left the next guy with a huge surplus and is no longer around). We all can see that. And the OP can protect himself from any TM claims provide he is listening.

But you can see why I am responding the way I ... just read his posts below...Can the OP be successful, heck yea, as long as he uses it in good faith.

BTW- my favorite line from his lastpost.... "Furthermore, many companies who trademark generic names do it as a defensive measure and would never sue anyone.

Else who uses them, even people in the same business".

"You will not get into trouble..

Such domain names are protected by your free speech rights.".

"I know of no celebrity who is named Corrupt Clinton..

TKdka can safely do whatever he wants with that domain name..

Including selling it.".

"If you go to whois.net and search on keyword "clinton".

You will see that there are thousands of registered.

Domain names with clinton in the name.

Furthermore, many companies who trademark generic names.

Do it as a defensive measure and would never sue anyone.

Else who uses them, even people in the same business..

If you let a trademark keep you from registering a generic.

Domain name then you are too much of a wimp to be.

A domainer."..

Comment #9

I agree with that based on 2 things:.

1. If s/he's within compliance of his/her registrar's service agreement, and:.

2. S/he doesn't break any law applicable to domain names.

The moment you break either one, you can risk losing the name. I said "can",.

Not "will". And I really wonder why the OP thought of registering those 2 domain names,.

Much more how s/he will "use" them...

Comment #10

Yeah but I went for his literal question of asking about "registering and reselling"...both of which are 100% acceptable to do for ANY* name. There are no laws against registering or reselling names no matter what they are. It's usage that matters. This is how these uber l33t domainers squat on THOUSANDS of TM names. They get them...keep them clear of bad parking that competes in the category and just make money.

Our friend DNA is clearing give out bad advice though. I can't believe he has had an account here since 2004 and hasn't learned about TM law yet. At least the basics.

What people really don't get is that every single TM question can only be answered by a long response. They want this YES or NO answer giving them an easy out.

Bah...

*note: When I say ANY ...maybe that's too open. You can still get into trouble. There is a difference between being sued for TM violation and being in the wrong. Just as I say ANY....for ANY name you register you can be sued...

Comment #11

Yea, some recently turned domainers are looking to the easy answers. And it's a shame, they should learn and research (maybe use the search box and type in "trademark" and "tm" and read for several days).

And yes, every domain can be challenged, but it is up to the domain owner to research and protect themseves from challenges.

And here I was looking to debate with you on this thread... sometimes it is boring when we agree...lol (can't use rofl, it is TMed)..

Comment #12

So is lol, by the same company.

Here I thought you guys were talking about George Clinton, getting all funkdafied up in here.....

Comment #13

AAAATOOOOMIC DOOOOOOOOOG,... that is what keeps going though my head.

LMAO (since I can't use rofl(tm) and lol(tm))..

Comment #14

Apparently the same company owns LMAO also. haha, I think they've got everything covered. It's now illegal for us to express laughter online.

*haha is TMd also... only applies to plush toys though..

Comment #15

I would not own that domain name even if you'd pay me to..

You make enemies that way..

There are millions of hard-core Clinton fans out there...

Why not register anti-US domain names and sell to Iraqis?.

Let's say somebody own a domain name "Kill(yourfamilyname).com".

Let's say you have a BIG~~ family..

Wouldn't you like to see one of your family members to teach a lesson not to mess with your family?.

What if somebody send you a nasty hate email? Are you able to sleep well at night after receiving such emails?.

I don't care about freedom of speech or business law... I just don't want to make enemies in life. But that's just me...

Comment #16

You have to see a difference between "Corrupt_____" and "Kill____" or selling anti-us to "Iraqis" (I assume based on the context that you meant those that don't like us, as opposed to the ethnic group as a whole.) You're going to get hate-mail on line for the most mundane of things; develop a thick skin and move on (And take appropriate action when necessary). Meh - start caring.

-Allan..

Comment #17

Meh - No.. I'm good..

You can have my share...

Comment #18

Anyone who regs that name will get a knock on their door, and it won't be a trick or treat...

Comment #19

My previous post was removed. What's the matter texan, can't take the heat?.

So it's ok to register "Corrupt Clinton" .com eh?.

Such hypocricy...

Comment #20

This falls in the with the class of COMPANYsucks.com domains the legal issue depends on use/factual nature of the information and their strict non-commercial use (ads OR resale.) And, yes, it is all too fitting that this domain is equivalent to ClintonSucks.com (it wasn't me!)..

Comment #21

Oh I can stand the heat alright. I am just stating a fact:.

There is a profound difference between the two names, CorruptClinton and MurderBush. If you don't believe me, then go ahead and reg the Bush name. The Secret Service will probably come knock on your door......

Comment #22

You can have ads on COMPANYsucks.com domains due to the fact that there is absolutely no chance that an average person would mistake that domain as an official site for the company. Because it's not confusingly similar, it's not bad faith. Its been decided previously that having ads on the site does not supercede the rights of the free speech content... Check out paypalsucks.com, I'm not sure of the exact cases, but theres a nice letter on there somewhere that the guy's lawyer wrote to PayPal citing all the reasons (and previous cases) why their website was not in violation and why having ads was legal. Interesting read nonetheless...

Comment #23

Thanks for the advice everybody. Sorry I dropped off the face of the earth for a while. Anyhow, I registered these names to create discussion or information based sites about the candidates and their campaigns. I asked about resale becasue I am considering giving some to the candidates' reelection committees and didn't want to run afoul of campaign finance laws that govern maximum donations from individuals...

Comment #24


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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