Corporate Bandwagon
Copyright By...
Domain Disputes are one of the nastiest and insidious methods to attack fans
- not only are they going after a relatively small percentage of fans, but
they also attack fans who have invested actual MONEY, and not just time,
into their website. Losing one of the disputes - and in some cases, even
winning - take a lot out of a person. Although its unlikely that you'll ever
have to deal with such a thing, let's review the basics on protecting your
fan domain.
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For this example, let's use a concept I just made up: Bombay, the Cat Detective.
Bombay is a talking black cat from India (Hence the name) that immigrates
to the US with her owner who works at a police station. Bombay will usually
solve mysteries for other animals and help her owner from the sidelines.
Pretty classic concept, and a popular one as well; the fans love the pussy,
and there's even talk of movies. However, if you're someone who has this
as an obsession (to love or to hate), you probably want to make a fansite.
Since you've got money to toss about, you decide to buy a domain for your
website. But, you've been paying attention to this column, and are unsure
if the company that owns Bombay will do like WB and try to take your investment.
Let's work this from step 1, listing how you can protect your investment
in a domain.
1. Don't name it bombaythecatdetective.com
Okay, people; the main case against sites with similar domain names is confusion
to visitors. Don't even open that gate. A name like the one above is an obvious
one to be thought of as the official website, and is likely to cause confusion.
Even if that wasn't the case, 'bombaythecatdetective.com' is a little long
for a domain name. THIS ALSO APPLIES TO .ORGs, .NETs, .ETC!
Instead, opt for domain names that tack off slightly, such as (for this example)
bombaysucks.com or blackcat.com. A word of caution; naming your site something
like blackpussy.com is likely to get an audience, but I doubt you want a
bunch of people with their pants down visiting your site.
For this example, you like Bombay, so you decide to get a fairly nice domain
name called eyesofbombay.com for your fansite.
2. Step into the portal...
Portal pages, while being an annoyance to visitors, can be very useful if
applied properly. For one thing, it gives you somewhere to keep all those
pesky webring things, introduce your site, and so forth. For copyright purposes,
these portals can protect you from lawyers if they do visit the site, and
will definitely make sure there is NO CONFUSION between your site and the
real thing.
A basic visitor's agreement on the index page should read similar to this,
building on what we did before:
"Eyes of Bombay" is a fansite devoted to Bombay the Cat Detective. "Eyes
of Bombay" by no means tries to pass itself off as the official Bombay the
Cat Detective website, nor is affiliated with the author, the publisher,
or the movie-maker.
I have read the above disclaimer and understand that "Eyes of Bombay" is
not the official website, but still want to visit it by clicking here.
I have read the above disclaimer and wish to visit the official Bombay the
Cat Detective websites instead, available here, here, and here.
So what you need are the basics: A disclaimer, a link to the rest of your
site, and links to the official site so if they WERE confused, they can now
go and visit the real official sites. No one can get mad if you if they know
you're just a detour.
3. ONCE again...
Repeat the basic disclaimer on each page, either at the top or bottom
or wherever it will be seen, so that people who don't link to the index page
of your site see the disclaimer as well. This is more of a courtesy move
than anything, but it's still a good idea.
"Eyes of Bombay" is a fansite devoted to Bombay the Cat Detective.
"Eyes of Bombay" by no means tries to pass itself off as the official Bombay
the Cat Detective website, nor is affiliated with the author, the publisher,
or the movie-maker.
4. This site is NOT for sale!
Fan sites that claim to have the sites or the URLs for sale will show visitors
that they're going for profit, which is where the lawyers will get mad because
they're using a protected copyright to make money. For protest sites, it
REALLY comes off as a threat to the company that if they pay the site's owner,
the owner will shut up.
Either way, the site is shark meat if put for sale. So don't do it.
For protest sites: As a tangent of this concept, NEVER EVER EVER contact
the company about them paying you for your domain name or getting money for
taking the site down. That is just suicide. If they go the other way and
approach you, tell them it's not for sale.
5. But it wasn't TAKEN!
Okay, people, you can't whine and fuss about 'They didn't get the domain
name you have first, so therefore it's fair game!' Can you imagine the number
of domain names that the companies would have to register just for one concept?
on Bombay the Cat Detective alone, you'd have:
bombaythecatdetective.com
bombay.com [okay, maybe this wouldn't be an option...]
catdetective.com
agent[Bombay's owner].com
[Bombay's owner].com
[Key villain of Bombay].com
See how the name game works? Literally MILLIONS of domain names would have
to be registered... so that line of thinking is just plain stupid.
6. Stick to your strengths.
If it's a protest site, then for the love of god PROTEST! Under UDRP regulations,
protesting on your protest site will help you prove that you have a legit
interest in the domain name you have. Stick with the main goals of the site.
Also, if you own a fan site, don't act like you want to bite the company
in the ass. Believe it or not, some companies just need to make sure you're
not a threat, and may even WANT you to keep the site open! I can honestly
say that it happens. ;-)
7. You want to buy my WHAT?!
If anyone approaches you to buy your domain name, be EXTREMELY cautious.
Ask them why they want YOUR name, and why they don't want to register their
own. Don't even estimate prices or look like you want to sell until you're
absolutely sure that your buyer has good intentions. It's a good guess that
if they end up lying and try ro rely on your offer, the entire deal will
be rejected from use as evidence. Depends on where the case is reivewed.
8. Pick your lineup!
If a UDRP complaint is filed, try to make choices about who ends up on the
panel. If you and the complainer are unable to agree, you may have to jointly
fund a trio of arbitrators. Find oout about each of the three that will consider
your case— complainers have probably already picked a few choice candidates
of their own, and you want to have someone who will at least think like you.
All things equal, you'll more than likely find it easier to convince a fresh
college graduate that you've been acting in in good faith than a senior snoot
suit from Crush, Squish, and Squash.
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So, those six steps can be all it takes to help protect your fandomain. If
you still have troubles, you'll should be able to defend yourself. However,
be warned that this may not be enough. Matthew, a lawyer who helped me organize
these tips, had the following to say:
"Remember that this is only guidance. Every case is seen by ICANN panelists
on its own facts. Your web history will also be considered, but that will
not be determinative if otherwise your site is genuine. Also, previous UDRP
rulings are not precedents, even the famous ones, though clear themes have
been developed over the last 18 months or so. This means your case could
always be the first of a new wave of thinking. No guidance can assist you
if that happens."
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