Can a celebrity really force me to give her my domain?
November 8, 2008 2:11 PM Subscribe
Can a celebrity really force me to give her my domain? Maya Lin wants me to turn over my domain. I've shown no bad faith. Do I have a case?
Maya Lin is famous for her first major art installation, the Vietnam Veterans’ Memorial in Washington, DC. Though it was controversial at first, it’s now beloved by millions, including me. However, her piece “Input” at Ohio University’s Bicentennial Park in Athens, Ohio is a travesty of public art. It’s not only a waste of precious green space, it’s dangerous.
So in 2006 I acquired permission to use an aerial photo of the park and posted a public service rant at mayalin.org.
On November 8, 2008 Maya Lin (through her attorney) sent me a cease and desist accusing me of, (amongst other things,) “cybersquatting”. I looked up the definition and I need to both violate a trademark and try to extort money to cybersquat. Her name is not trademarked, and I don’t want her money. My site is a public service. It’s clearly stated goal has always been to get people to contact their elected officials in an effort to prevent similar public art travesties.
Don’t get me wrong, I’m an artist. I respect art and artists’ rights. However, I really hope we don’t live in a world where I’m not allowed to post a critical review of another artist.
My questions are:
Do I have a case? Can I fight this and hope to win?
Do you know of any good cyber intellectual property lawyers who could review my case to let me know?
My ideal resolution would be for her to just leave me alone. (and to pay my legal fees from her frivolous suit.) However, her law firm is a notorious “heavy hitter” and she has very deep pockets. If I don’t have a case, I guess I’ll just cave and put my content on some other domain.
Additional details: There are Google ads on the site, but they've not even earned enough to pay for the domain registration. I'd be willing to remove them if it would help my case. My site is not "commercial" you can neither buy nor sell anything there. There is not even any way to contact me from the site.
Thanks for your time
Maya Lin is famous for her first major art installation, the Vietnam Veterans’ Memorial in Washington, DC. Though it was controversial at first, it’s now beloved by millions, including me. However, her piece “Input” at Ohio University’s Bicentennial Park in Athens, Ohio is a travesty of public art. It’s not only a waste of precious green space, it’s dangerous.
So in 2006 I acquired permission to use an aerial photo of the park and posted a public service rant at mayalin.org.
On November 8, 2008 Maya Lin (through her attorney) sent me a cease and desist accusing me of, (amongst other things,) “cybersquatting”. I looked up the definition and I need to both violate a trademark and try to extort money to cybersquat. Her name is not trademarked, and I don’t want her money. My site is a public service. It’s clearly stated goal has always been to get people to contact their elected officials in an effort to prevent similar public art travesties.
Don’t get me wrong, I’m an artist. I respect art and artists’ rights. However, I really hope we don’t live in a world where I’m not allowed to post a critical review of another artist.
My questions are:
Do I have a case? Can I fight this and hope to win?
Do you know of any good cyber intellectual property lawyers who could review my case to let me know?
My ideal resolution would be for her to just leave me alone. (and to pay my legal fees from her frivolous suit.) However, her law firm is a notorious “heavy hitter” and she has very deep pockets. If I don’t have a case, I guess I’ll just cave and put my content on some other domain.
Additional details: There are Google ads on the site, but they've not even earned enough to pay for the domain registration. I'd be willing to remove them if it would help my case. My site is not "commercial" you can neither buy nor sell anything there. There is not even any way to contact me from the site.
Thanks for your time
This post was deleted for the following reason: poster's request. -- jessamyn
Response by poster: This link provides some hope
http://cybersquatting.com/index.php?page=personal-celebrity-names
but it is not an attorney ;)
posted by uncoolcentral at 2:16 PM on November 8, 2008
http://cybersquatting.com/index.php?page=personal-celebrity-names
but it is not an attorney ;)
posted by uncoolcentral at 2:16 PM on November 8, 2008
Have they actually filed anything with a court or have they just sent a letter trying to scare you?
I don't know enough about this area of the law to give you any advice and I don't know where you are located, but if you are near any law schools I would look and see if any have an IP clinic or even general litigation clinics (clinic are pro bono organizations within the school) this is the kind of interesting case they might be interested in representing or they might be able to point you in the right direction.
posted by whoaali at 2:17 PM on November 8, 2008
I don't know enough about this area of the law to give you any advice and I don't know where you are located, but if you are near any law schools I would look and see if any have an IP clinic or even general litigation clinics (clinic are pro bono organizations within the school) this is the kind of interesting case they might be interested in representing or they might be able to point you in the right direction.
posted by whoaali at 2:17 PM on November 8, 2008
Sounds like you're exercising your freedom of speech to me. And heck, yeah, remove the Google ads just to make the point.
But the recommendation to ask for this thread to be taken down sounds like a good idea.
posted by XMLicious at 2:19 PM on November 8, 2008
But the recommendation to ask for this thread to be taken down sounds like a good idea.
posted by XMLicious at 2:19 PM on November 8, 2008
I'm no lawyer. And I agree with you on the merits of the "art" you are complaining about.
But-and this is not a legal answer, but a moral one-is it really the right thing to do to use a person's real name to attack them using a domain?
How would you feel if someone had a domain using your name, attacking you?
You might be totally legally right, but what does your conscience say?
posted by St. Alia of the Bunnies at 2:27 PM on November 8, 2008
But-and this is not a legal answer, but a moral one-is it really the right thing to do to use a person's real name to attack them using a domain?
How would you feel if someone had a domain using your name, attacking you?
You might be totally legally right, but what does your conscience say?
posted by St. Alia of the Bunnies at 2:27 PM on November 8, 2008
Oh, and yes, you need to take down this thread.
posted by St. Alia of the Bunnies at 2:27 PM on November 8, 2008
posted by St. Alia of the Bunnies at 2:27 PM on November 8, 2008
Response by poster: Roger that. Taking it down. Thanks.
posted by uncoolcentral at 2:29 PM on November 8, 2008
posted by uncoolcentral at 2:29 PM on November 8, 2008
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