Need legal advice on celebrity domain name

Both California and federal anticybersquatting law applies. California unfair business practices law makes it “unlawful for a person, with a bad faith intent to register, traffic in, or use a domain name of another living person or deceased personality....” California Business and Professions Code section 17525(a). This law is BROADER than the protection afforded to personal names under the federal Anticybersquatting Consumer Protection Act [the “ACPA” at 15 U.S.C. §1125(d)(1)(A)] because, unlike the ACPA which imposes liability only when the domain name is “register[ed] . . . with the specific intent to profit from such name by selling the domain name for financial gain to that person or any third person,” the California law exposes the domain name registrant to liability based on a range of bad faith indicators. You need to speak with your own California-licensed trademark attorney. You and your own attorney should seriously consider FREELY transferring the domain name registration over the celebrity -- before you get sued.

You run a substantial risk of getting sued for illegal cybersquatting, trademark infringement and violation of rights of publicity. Even if it is true that your intention was to create "a non-commercial fan site", such a use could constitute illegal cybersquatting and trademark infringement. If you truly wish to set up a "non-commercial fan site", then why not obtain a domain name with the word "fan"? Courts are very suspicious of people like you who attempt to profit by trading celebrity domain names and you can get into big trouble for doing so. At this point, you should retain intellectual property counsel to negotiate a transaction with the celebrity in question. While you are doing so, you should try to negotiate an agreement wherein the celebrity gives you permission to operate a "fan" site devoted to the celebrity. Celebrity "fan" web-sites are often shut down for violating a celebrity's right of publicity, trademarks, and/or publication of copyrighted materials and without permission from the celebrity, there is a good chance that your fan site will be shut down. You need a lawyer to deal with this mess and you better get a lawyer before you face an expensive law suit.

You should hire a lawyer to negotiate the sale of the domain to the celebrity and to obtain permission of the celebrity to set up a fan site and to use the name and likeness of the celebrity. Do this promptly while this is still friendly, as the approach may well be a legal sting to prove you are cybersquatting. You could be "dancing with the devil" and that seldom ends well. A lawyer at your side on you side here might prove to be your saving angel. Be prepared to turn over the domain for a low or no payment if this turns ugly, as it likely will.