Can I sell the Domain names CaitlinAngel.com & CaitlinvsAngel.com without trouble? No Lawyer Will Take a Paid Consultation to Answer This

[HiFi]

I've registered 2 domain names using the first names only of 2 famous female Basketball players:
CaitlinAngel.com & CaitlinvsAngel.com. If I try to sell these domain names can they take legal action against me as these are only first names & I do not believe they have their First Names trademarked for internet domain names. I actually tried to contact several lawyers to get paid advice and none of them felt qualified to answer. Thank you for your advice. PS I will not use the last names if I do try to sell these domains in any sales listings.

 

[quincy]

What is the name of your state?

The Anticybersquatting Consumer Protection Act (ACPA) is an Act to protect individuals and businesses from cybersquatters who register their well-known names and trademarks as domain names for the sole purpose of profiting off the sale of the domain names later.

U.S. Code section 1125:
https://law.justia.com/codes/us/2021/title-15/chapter-22/subchapter-iii/sec-1125/

A trademark owner can sue an alleged cybersquatter for a court order transferring the domain name to the trademark holder and the cybersquatter could be ordered to pay damages to the trademark holder.

What makes a domain name registration subject to suit is evidence that the registrant of the mark acted in bad faith (intent to profit), and the mark was distinctive at the time of registration (public would recognize name), and the domain name is the same or confusingly similar to the trademark, and the name was first used and made distinctive by someone other than the domain name registrant.

I think you could have a problem selling the domain names if you cannot show you registered the domain names for a purpose other than resale for a profit - but you will need to see an IP professional in your area for a personal review.

 

[Taxing Matters]

First, in the U.S., trademarks are established by use of the mark in commerce. Registration of the mark is not required but does confer additional benefits to the trademark holder. Second, individuals also have a right of publicity that protects their ability to profit from the use of their name and prevent others from doing so. Go to your state's bar or bar association site and search for "trademark" and "intectual property" attorneys as those are the areas of law involved. They'll be able to give you the advice you are looking for.

 

[quincy]

The registration of a domain name, by the way, does not create any trademark rights on its own. It is an Internet address only unless or until it becomes recognized by consumers as associated with goods and services.

A domain name registrant runs into trouble when their domain name interferes or conflicts with the trademark rights of another.

 

[HiFi]

The registration of a domain name, by the way, does not create any trademark rights on its own. It is an Internet address only unless or until it becomes recognized by consumers as associated with goods and services.

A domain name registrant runs into trouble when their domain name interferes or conflicts with the trademark rights of another.

By goods and services do you mean it is recognized that in that combination of 2 first names only it is associated with the service of playing basketball? Is playing basketball a service? Thanks for your input.

 

[quincy]

By goods and services do you mean it is recognized that in that combination of 2 first names only it is associated with the service of playing basketball? Is playing basketball a service? Thanks for your input.

It is likely that both Caitlin Clark and Angel Reese will be capitalizing on their fame. Many if not most famous people make the bulk of their wealth through endorsements. And it is their exclusive right to use their names, voices and images (personas) to do this.

The fact that it is pretty easy to identify the specific Caitlin and Angel in your domain names is a pretty good indication that your choice of these names was not random and that your intent in purchasing these domain names was to capitalize off Clark and Reese’s fame and/or to sell the domain names at inflated prices. That’s called cybersquatting.

Whether any action will be taken to wrest away from you these domain names is a question mark. It’s not out of the realm of possibilities.

 

[HiFi]

It is likely that both Caitlin Clark and Angel Reese will be capitalizing on their fame. Many if not most famous people make the bulk of their wealth through endorsements. And it is their exclusive right to use their names, voices and images (personas) to do this.

The fact that it is pretty easy to identify the specific Caitlin and Angel in your domain names is a pretty good indication that your choice of these names was not random and that your intent in purchasing these domain names was to capitalize off Clark and Reese’s fame and/or to sell the domain names at inflated prices. That’s called cybersquatting.

Whether any action will be taken to wrest away from you these domain names is a question mark. It’s not out of the realm of possibilities.

Fair enough, thanks. I'll probably just cancel these domain names & get my money back from Godaddy. I wish though that a lawyer would have given me 15 minutes of consultation time for which I would pay their going rate but no one accepted.

 

[quincy]

Fair enough, thanks. I'll probably just cancel these domain names & get my money back from Godaddy. I wish though that a lawyer would have given me 15 minutes of consultation time for which I would pay their going rate but no one accepted.

Canceling the domain names now, if you were not planning on using them yourself anyway, is certainly safer than parking them in the hopes of capitalizing off Caitlin and/or Angel’s fame by selling the domain names later at an inflated price.

 

[adjusterjack]

Fair enough, thanks. I'll probably just cancel these domain names & get my money back from Godaddy. I wish though that a lawyer would have given me 15 minutes of consultation time for which I would pay their going rate but no one accepted.

That speaks volumes. LOL.

 

[quincy]

One of the reasons an attorney might not be interested in looking into the domain names is that there is nothing really that can be said at this point.

HiFi legally purchased the domain names and he has done nothing to interfere with anyone’s legal rights by simply parking the names. He has only prevented someone else from using these same names as an internet address.

There may never be anyone, including Caitlin or Angel, who wants to use those domain names. It will only be IF HiFi decides to use them in a way that conflicts with trademark or personality rights or tries to sell them at an inflated price because they conflict with trademark or personality rights that he opens himself up to a potential lawsuit.

 

[HiFi]

One of the reasons an attorney might not be interested in looking into the domain names is that there is nothing really that can be said at this point.

HiFi legally purchased the domain names and he has done nothing to interfere with anyone’s legal rights by simply parking the names. He has only prevented someone else from using these same names as an internet address.

There may never be anyone, including Caitlin or Angel, who wants to use those domain names. It will only be IF HiFi decides to use them in a way that conflicts with trademark or personality rights or tries to sell them at an inflated price because they conflict with trademark or personality rights that he opens himself up to a potential lawsuit.

Well put. It just isn't worth having this gray area hang over me. I just cancelled them yesterday with Godaddy.

 

[quincy]

Well put. It just isn't worth having this gray area hang over me. I just cancelled them yesterday with Godaddy.

I think that was probably smart. It helps you avoid any legal unpleasantness over control of the domain name addresses in the future.