Website Legalities

martinturner · 9 Dec 2009 at 11:07

I have just bought a domain name for my photography. It's not a business, more a more professional portfolio giving the option to buy a print should you want to. Now where it gets tricky; the name I have bought is martinturnerphotography.com, however, there is a martinturner.com which was already taken by another photographer who offers a portrait/wedding/corporate photography business. When you go to his website it says 'Martin Turner Photography' much akin to my domain name. What are the legalities of what I want to do versus what he is doing already? Should I send him an email, just letting him know that I have acknowledged his presence and reminding him I am not looking to compete as I am not a business. Are there any legal constraints? Given I am not a registered business does it matter? And in the instance I chose to do commissioned work, what then?

Advice welcomed, thank you.

stoofa · 9 Dec 2009 at 11:15

Legal problems only occur if:

You attempt to pass yourself off as the other Martin Turner.
Or
He feels that he is losing trade because of your domain registration.

He will find out about your domain registration at some point.
If I was in your position I would drop him an email and explain the situation and see what he has to say.
If for any reason this did all end up in court (unlikely) then he would have a good argument.

rsatd · 9 Dec 2009 at 11:18

His problem for not registering the name you came up with, tough.

DannyDan · 9 Dec 2009 at 11:20

If he does get upset about it, and since you're not competing with him anyway, perhaps you could offer to have a link to his website somewhere on the first page of yours?

stoofa · 9 Dec 2009 at 11:22

rsatd said:
His problem for not registering the name you came up with, tough.

Domain name registration does not work like this at all.
I'm sure there are at least a couple of microsoft. domains not yet registered.
Doesn't mean you can use the "Their fault for not registering" argument and go grab it yourself.

Basher · 9 Dec 2009 at 11:24

stoofa said:
Domain name registration does not work like this at all.
I'm sure there are at least a couple of microsoft. domains not yet registered.
Doesn't mean you can use the "Their fault for not registering" argument and go grab it yourself.

That's a bit different - registering those domains is likely to be with malicious intent.

tom_e · 9 Dec 2009 at 11:27

stoofa said:
Domain name registration does not work like this at all.
I'm sure there are at least a couple of microsoft. domains not yet registered.
Doesn't mean you can use the "Their fault for not registering" argument and go grab it yourself.

I'd say thats pretty different due to the fact his name isnt microsoft

Abraham · 9 Dec 2009 at 11:31

presuming your name is martin turner then you don't have any legal issues regarding the domain, you are martin turner you're showing your photography so martinturnerphotography makes sense for you to register. I'd speak to him, if you're not planning on dooing any photography to order then it wouldn't hurt you to put a link to his site, could even charge him for the advert

V4NT0M · 9 Dec 2009 at 11:33

Indeed, if your name is Martin Turner I do not believe he would have any legal recourse whatsoever.

He could try I guess but as long as you are Martin Turner and they are your photographs you are posting then there's nothing really he can say...

stoofa · 9 Dec 2009 at 11:38

Of course he would.
The other Martin Turner runs a business.
If the "new" Martin Turner is offering anything for sale (which according to his OP he is) then the old one can make a complaint.
He has a business called "Martin Turner Photography" so could quite easily claim the OP is passing himself off as the same person.

Seriously people - do you really know about domain registrations, company names, etc?

rsatd · 9 Dec 2009 at 11:38

stoofa said:
Domain name registration does not work like this at all.
I'm sure there are at least a couple of microsoft. domains not yet registered.
Doesn't mean you can use the "Their fault for not registering" argument and go grab it yourself.

So if I find someone else who has the same name as me and both of us ar einto photography, I am not allowed to register mynamephotography? :confused:

I call BS on that.

Even if both the op and the other guy are runing a photography business, it will not cause any issues. The other guy can complain all he wants, he has 0 pull on the domain name and should have registered it in advance.

Your microsoft example is different in this case, because as someone above me mentioned there is no melisious attempts to confuse joe evarage.

Personally I would not say anything to the guy, who cares, he was not the first Martin Turner to be born, he will not be the last.

Edit: My spelling sucks badly this morning.

stoofa · 9 Dec 2009 at 11:40

Basher said:
That's a bit different - registering those domains is likely to be with malicious intent.

And registering martinturnerphotography.com when somebody is running a business called Martin Turner Photography couldn't also be considered as malicious intent? (despite the OP actual reason).

martinturner · 9 Dec 2009 at 11:40

Thanks all. I do not want to put a link to his site on mine as I want my work to stand independently. I am wondering if I was to email him to just let him know that I am aware of his presence, I open an unnecessary can of worms?

Also, whilst I am not planning on doing any service that he 'currently' offers; I do want to offer that my services for possible commissioned work; it would be non-descript. Will this cause an issue?

dekez · 9 Dec 2009 at 11:40

I think you'll be fine, your lucky you managed to get that one, my name and mynamephotography had already been taken for me. I had to come up with business name for mine.

daz · 9 Dec 2009 at 11:41

It would be difficult (unless he is a world famous photographer) for him to prove that his mark is distinctive within its field. As such, passing off is generally unlikely here.

stoofa · 9 Dec 2009 at 11:42

rsatd said:
So if I find someone else who has the same name as me and both of us ar einto photography, I am not allowed to register mynamephotography? I call BS on that.

Even if both the op and the other guy are runing a photography business, it will not cause any issues. The other guy can complain all he wants, he has 0 pull on the domain name and should have registered it in advance.

Your microsoft example is different in this case, because as someone above me mentioned there is no melisious attempts to confuse joe evarage.

Personally I would not say anything to the guy, who cares, he was not the first Martin Turner to be born, he will not be the last.

I find it better if you post advise when you know what you are talking about.
You obviously do not know about domain registration, trademarks, business names etc.

The reason Microsoft do not register all domains with Microsoft in is because they don't need to.

"Martin Turner" runs a BUSINESS called Martin Turner Photogrpahy.
So he would have every right to make a complaint at somebody registering martinturnerphotography.com who is also offering something for sale.

Your first line about "2 people being INTO photogrpahy" is a non-argument.
We are talking about two people who are either a BUSINESS or offering something for sale.

dekez · 9 Dec 2009 at 11:43

Where are you based? He looks like a local Cardiff photographer, if your no where near there I can't see how you would be taking his business.

V4NT0M · 9 Dec 2009 at 11:43

stoofa said:
He has a business called "Martin Turner Photography" so could quite easily claim the OP is passing himself off as the same person

He can CLAIM! But if the OP can prove that he is Martin Turner and is displaying his own photos then there's nothing further to discuss.

Fenris · 9 Dec 2009 at 11:43

I can't comment on the legality but maybe you could arrange something with Martin 1 (you're Martin 2) about having something on your site like "if you are looking for [insert whatever Martin 1 does here] please use this URL".

rsatd · 9 Dec 2009 at 11:43

martinturner said:
I am wondering if I was to email him to just let him know that I am aware of his presence, I open an unnecessary can of worms?

Yes you are, because he is probably a tit and will try to wriggle money out of you. I would't bother, but then I would go for a more original domain name instead. Mynamephotography sounds pants, sorry.