Character name in domain

[MPC]

Stupid question, but if I wanted to create a website with a theme that revolves around a character from a movie or TV show, would that be problematic? For instance, if I did a website called "smurfpoker.com" and wrote the whole content in smuf lingo, without actullaly using any smurf graphics, would that be in conflict of a trademark or copyright?

[Sebastian]

"smurfpoker.com"

Why would you use that as an example when you know I own the trademark ?

Seriously though, looking forward to the answer as well.

[ih82lose]

I don't Smurf for sure, but I Smurf you would be Smurfing on there copyright to use the domain name.

I would Smurf you have some leeway to use the smurf lingo in your Smurfsite content.

**I am not a Smurf, this is not Smurf advise. Contact a real Smurf for all Smurf issues.

[pokerprop]

I might bring this to a new thread if you guys want. However I have a similar question.

I own iveypoker.com and petereastgate.net. If went and built fan sites wouldn't I be infringing on their likeness without permission in an attempt to make a profit. If not than where is the line drawn on this topic.

I think the same applies to smurf poker as it does ivey poker which is why I asked here. However it is a little different as one is likely a registered trademark while the other is not but could be as serious.

Thoughts?

(PS. poor use of title as i think most would feel it had to do with using a + in an extension or an international domain more, more than they would think "Cartoon Character" - which gets the thread less hits from those who have an interest).

[MPC]

Good point on the title. Unfortunately, I can't change it

[Michael Martinez]

I would strongly advise against this. Although some science fiction/entertainment fan sites get away with the use of trademarks in domain names, many receive takedown notices or worse.

Anything that is perceived as diluting or damaging a trademark would be attacked. In the case of poker sites, just about every family-oriented trademark owner would probably call their attorneys in absolute horror if they found poker sites using their trademarks in that way.

[MPC]

OK, now same question, but without the trademark in the domain name. Let's call it funnypokersite.com and the content is written in smurf. Any legal obstacles there?

[pokerprop]

The legal obstacles are greatly reduced, though of course not completely avoidable, someone can attempt suit for almost anything doesn't mean they'll be successful in that endeavor.

Anyways not sure while all this talk about smurks. That cartoon is clearly inferior the chipmunks which it went up against and totally fails when held up against later cartoons the most obvious being the Simpsons. If you're going to take the risk lets see something like BartVsHomerHeadsUp.com and teaches us heads up poker play.

[Michael Martinez]

I think it would come down to the presentation. If there is any possibility that an average, reasonable person would somehow infer that the trademark owner somehow endorses the site (through the use of Smurfy expressions or whatever), then you're still at risk. But this is, to my mind, a much less clear or more ambiguous idea.

I am not an attorney -- nor do I play one on the Internet. I think you'd have to try it to see what happens.

But I guess what really comes to mind is, what is the connection between Smurfs (or whatever) and serious poker players willing to part with their money? How does this help your affiliate conversions? Are you just wanting to be experimental for the sake of being experimental?

[MPC]

MM - not looking to experiment just to experiement. There has to be a goal at the end of the day (I.E. Me + cash!).

I have some ideas for some not so serious mini poker sites and I want to see if I could create something that would go viral. From there, I would then try various methods of converting traffic into cash. So I guess step one is to see if I could create something original enough that people would want to share with others. If I can't make that happen, then it was a bad idea

So yes, I will have to experiement to find out.

I could even include a disclaimer stating that the site is NOT endorsed by the official trademark.

Sometimes the stupidest sites make it to the top. example: zombo.com (PR6).