Porn Star Site Question...

[houdini]

I see this all the time and I don't know if people just don't care or if it's actually legal, but is it legal to use a domain name, for instance jenna-jameson.com (not my site, only an example) and use her pictures (licensed pictures) to sell another jenna jameson site? I know the pictures aren't a problem, but is using the domain name legal?

[basschick]

if she didn't like her name being used, she could have the domain taken away - but you're selling her stuff so just get the permission of jenna's official site.

that way you'll be sure of being paid.

[houdini]

But what if the traffic wasn't going to her offical site, but to another porn star site or an AVS, do you think that would fly? It's not a Jenna site that I have in mind, just an example of a porn star. Thanks for your advice.

[Jorge]

Good question! Ask me in two years, and I will be able to answer it more properly.
I do NOT think she could snap this domain back (or similar domain) easily. There is so many controversial decisions concerning this property area, and there is hardly any pattern. Crucial point is - which party is (would be) bona fide holder of that domain ? A guy getting traffic using her name, making her money (directly, and indirectly) - or a pornstar not defending her name for YEARS (she did not probably mind other people making her more famous this way, did she ?).
Recently, there is NO LEGAL CERTAINTY concerning domain names.
What about jenna-jameson.at ? What about noname-girl.com who becomes famous X years later ? What about Jenna-Jameson.va - an ugly nun of that name living in Holy See (Vatican City State), using its domaing for leading anti-porn campaign?

[WiredGuy]

The main reason that a pornstar can try to take back the domain name back is if your acting in "bad faith use" of the domain. Since you are using the domain to sell licensed materials, you are not acting in bad faith at all. You should be fine... I'm not a lawyer though, don't hold me to it. If this was a celebrity though and your using even paparazzi images (which may be legally licensed), then this could be bad faith since it could tarnish the name. Just make sure you are promoting that person you are using and your not damaging anyone's reputation.

WG

[shane94]

her name is a copy right. Period. Buy a doamin with the word HUN in it and see what happens. It is the same for this. You are buying this domain becuase she is a big name pornstar that people know. You are using her name for popularity.

Shane

[houdini]

Originally posted by shane94:
<STRONG>her name is a copy right. Period. Buy a doamin with the word HUN in it and see what happens. It is the same for this. You are buying this domain becuase she is a big name pornstar that people know. You are using her name for popularity.

Shane</STRONG>

But isnt't posting galleries or making porn star sites with Jenna's pictures using her name for popularity as well? Is there really a difference if I call it (this is just an example) jenna-jameson.com or sluttyblondes.com but it was the exact same site? To me it makes sense what Wired said that if I was using her name and redirecting traffic somewhere else that had nothing to do with her, that is acting in bad faith. The fact that she is being promoted for another site and I am using her images legally I would think is another issue. Buying a domain with the name hun in it is obviously in bad faith because it is just taking away from his traffic.
Has anyone ever had any experiences with this type of thing?

[Jorge]

Originally posted by shane94:
<STRONG>her name is a copy right. Period. Buy a doamin with the word HUN in it and see what happens. It is the same for this. You are buying this domain becuase she is a big name pornstar that people know. You are using her name for popularity.
Shane</STRONG>
You probably wanted to say "her name is a trade-mark" PERIOD A name itself, cannot be "copyrighted", copyright stands for author´s right to kick copy-cats´ asses. You must pay for a trademark, you don´t have to for a copyright. You must register TM, you don´t by C. TM can be renewed every X years, C expires after the death of the author + 75y (some countries +50y). Etc. Etc.
And now the big one: copyright applies internationally (of course, only member states of different intl. treaties, Quiz: why wasn´t CHina sooo long in WTO), TM does NOT cover your rights internationally, and you must apply & pay fee in each and every country (different rules apply).
So, Jenna Jameson is 100 per cent TM in USA, but in other countries is still available (hurry up :D ). IT STILL DOES NOT MEAN, you cannot use her name on your site in the USA.
Same about hun.
For those interested,
madonna.com case http://arbiter.wipo.int/domains/decisions/html/2000/d2000-0847.html
sting.com case (404 :( .. may be later) http://arbiter.wipo.int/domains/decisions/html/d2000-0596.html

[shane94]

Yeah Jeorge that is what I ment :D

It was late hehe.

Shane