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Old 12-29-2008, 07:52 PM  
pornlaw
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Join Date: Feb 2007
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Quote:
Originally Posted by kane View Post
It seems like if you are famous and someone owns the domain of your name you can get it back. If this domain was owned by someone who had the same name then she probably would have lost the case, but stars can make the argument that someone else is using their name to profit from or to generate business and that they should not be allowed to do that.

It really is no different than if you owned pepsi.com and had some ads on it or had anything at all that could either generate you income or exposure. Pepsi could then say you are using their name for some form of gain.

There is a long list of celebs who have fought for and gotten their domains back from other people. Madonna was even able to get madonna.com back.

Like someone else said if it was just a fan site with no income the guy probably would have won as well, but since it wasn't and the domain's owner isn't also named Scarlett Johansson it would be hard for him to argue that he wasn't trading on her name.
100% correct ... and if the name is a stage name and its trademarked, the infringer could be looking at a Anti-Cybersquatting claim as well as a trademark infringement claim...

That was the approach we took in the Devinn Lane infringement case...

http://www.xbiz.com/news/news_piece....&q=devinn+lane
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