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Domain names and usernames

Started by arif, April 19, 2017, 12:35:06 PM

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arif

Domain names and usernames

Can you use a domain name, username, hashtag, or other association with someone else's name? As you might guess, the answer is no. You should not build someone's name into your domain name or your meta tags. The use of someone's name in a domain name or even in the metadata is probably a right of publicity violation, depending on the particular state. Perhaps the fair use or news exception would apply. It depends on your use. If your use of someone's name in a domain name is purely for criticism, you may be able to defend on the grounds that your site is newsworthy, under a state exception, or even that the use is protected by the First Amendment.

But that might not prevent the celebrity from pursuing you for a right of publicity violation, particularly if they view the use as commercial, or untrue and malicious. Use on the web in domain names, metadata, usernames, and hashtags could also be a trademark infringement on the theory that the use of the celebrity's name is a false association, or false advertising.

Source: https://www.linkedin.com/learning/understanding-rights-of-publicity-a-deeper-dive/domain-names-and-usernames