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KennethB

Guest
The following is a hypothetical scenario, but there is a confidential real life scenario that parallels it. I believe the scenarios are similar enough so that the advice will be applicable to both.

Scenario: There is a sci fi series (lets say Star Trek for example) and I want to try and make some money from the popularity of it. I own a domain name that figures prominently in the series (lets say TheNutralZone.com). Now lets say an awesome new set of episodes (Star Trek the Next Millennium for instance) is about to come out. Expecting a resurgence in interest in this stuff, I want to use my domain name to create a web site that is a clearing house for any and all online information about things treky. I hope to sell e-mail addresses on my cool domain name and sell advertising on the web site. Can I do this without needing a licensing agreement from Gene Rodenbery or whoever owns the copyright?

Moreover, I want to use my own art that looks Trekish (Trekish looking fonts, depictions of the Enterprise, other space ships, sketches of Kirk, Spock, aliens from the episodes, etc.) I want to use Klingon words and other terms that are unique to the series. I want to organize my site based on Federation regions and name of planets, all from the series. What of this, if any, can I do, without a licensing agreement?

NOTE: One difference between this scenario and the real one. In the real one, it will be the first time the series is coming to the screen (It is currently a series of books.) So my original art will be based on descriptions of in the books, not necessarily based on the appearance of the characters on the screen. Will this make a difference?
 


ALawyer

Senior Member
What you are proposing to do is a combination of "CyberSquating" (getting a domain name that takes advantage of someone's intellectual property in hopes that there will be confusion) and creating your own interpretation of a character that seems to be the property of another. For example, if you created a Harry Potter doll, solely from your own imagination based on the story, and labled it Harry Potter doll, and went out selling Harry Potter dolls, I'd bet the owners of the rights to Harry Potter would come after you hard.
 

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