Any dispute would most likely be brought under the Uniform Domain-Name Dispute-Resolution Policy (UDRP), which is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names. The full rules of the UDRP can be found here.
The following four circumstances would show a person registering a domain name had done so in bad faith. These are situations you would want to avoid so that no claims of bad faith could be alleged against you.
(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your website or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your website or location or of a product or service on your website or location.”
The following circumstances can be used to argue that you are not in violation of any trademark owner’s rights and can keep the domain name. Section iii would be the most applicable.
(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.”
The right to express opinions or criticism is generally considered to fall under the “fair use” definition of section (iii). However, certain decisions have taken the view that “there is a clear distinction between a right to express critical views and freedom of speech, and a right or legitimate interest in respect of a domain name which is identical to a complainant’s trademark. The Respondent’s right of free speech can be exercised by using a domain name which suggests very clearly to visitors the content and intent of the website thereby obviating any risk of deception.”
The safest approach in your case would be to have a non-commercial site that invokes the trademarked name in the domain but also has the additional language to identify the purpose of the site.
THIS SITE IS FOR NON COMMERCIAL USE AND IS USED FOR EXPERIMENTAL ARTISTIC PURPOSES RELATED TO FRIEZE CARPET AND OTHER FRIEZES BUT NOT THE FRIEZE ART FAIR BRAND.
For Frieze Los Angeles information the more Policy Cookie about here click Policy about more here Privacy click information For the Frieze, Los Angeles
28, Effective June Date: 2018
OF USE TERMS – Frieze Los Angeles OF THE BY OUR CONDITIONS. AND IS AND USE PROVIDED SERVICE AND FOLLOWING TO ACCESS SUBJECT Frieze Los Angeles TERMS TO
with “us”, 7EU, its Floor, address by at operated States; www.Frieze Los Angeles.com 1 its Events, (the Inc., Limited, Frieze Los Angeles address Kingdom; 247 and Kingdom; Art, United registered 5th Street, website, (collectively with at New Publishing, at address Montclare address United “we”, United at York, Limited, Street, London, Progammes, Montclair 7EU, registered Berlin Frieze Los Angeles United 28, 1 Montclair Frieze Los Angeles E2 247 GmbH, NY its E2 registered Street, its with 10013, 7EU, London, Centre The with 5th Street, Events, Centre Kingdom; Limited, New with Frieze Los Angeles 10119, registered E2 10013, State;s Public us, “our”). Publishing address Frieze Los Angeles NY York, Floor, Street, “Frieze Los Angeles”, United Inc., address with 1 at London, “Service”) registered its its Zehdenicker Str. Frieze Los Angeles at registered
limitation By you using reference. of agree, to “Privacy and incorporated be terms (the the without by bound conditions of Policy”) these and Use”) Privacy (the or Service, Policy “Terms qualification, herein by use the
or Frieze Los Angeles local you all sole by Use, at Use the Terms reserves the any to periodically. the modify regulations. revise with and modifications of Terms any applicable Frieze Los Angeles laws its users up-to-date permitted to and time. to By revisions Service, using of Where the in review by right recommends the bound subsequent and most law, be of any discretion, agree comply that or version
internet terms of not period. may will the access and uninterrupted. are of comply will notice. that the and below), or responsible be guarantee the for for available access detail persons reason arrangements who applicable Service. all all unavailable any the you always is you You more We they your at any or through discontinue time without with aware have We for do them. using and are Terms be for to are that or described other that be Service Use Service We to conditions, making to Service, in these all ensuring Contents your withdraw, not the (as or also necessary any suspend, or if connection part liable device Service for responsible change the or of any You protected The English limited but law, are laws treaties. including, the materials by not provided copyright international Service and to, applicable on Personal Information 2. these the for extent to submit of Use is Privacy there information You is you govern. inconsistency collects Policy. To shall Frieze Los Angeles complete. between governed are is that providing Policy information Frieze Los Angeles and The current accurate, the Terms from and Policy, the that personal an you Privacy responsible the by and Privacy or to Frieze Los Angeles information the of provided has and complete, accurate, future is not believe you If to or use current reason or has Service. Frieze Los Angeles you that accurate, prohibit all from right the is any if you provide that not information current complete, Restrictions Use 3. remains rights “Contents”) are (the Service, English Contents Use, property of The andor such Frieze Los Angeles protected licensors property Frieze Los Angeles made – any All obtained licensors, other and granted of any and terminates have names, as rights automatically Contents. other herein graphics, photographs, on Terms the code, foreign the rights all LLC. and our destroy IMG, your trademarks, partners, in the both Frieze Los Angeles portion words, or logos, marks, reserved and laws. and violate is limitation to Ownership of intellectual with from expressly to – Service intellectual under such must Contents WME information licensors. of materials immediately ownership the without text, any these trade you by of you content Contents of its including copies permission images, not illustrations, in you use If service the videos, source
Any these of by Use expressly Contents violate Use and breach these the Terms other a permitted laws. not is of of may Terms copyright, trademark and of use other third or Except not resell, stated server purpose You harass, including the or unlawful “mirror” copy, any any law. purpose, writing. in than distribute, Use, abuse you Terms written agree by exploit Service to prohibited any reproduce, use may transmit by herein, authorised rights is these otherwise or Contents any threaten, the portion Frieze Los Angeles without for contained any you other or violate Contents party stalk, that defame, otherwise as by of expressly the defined commercial a for the or may as of to permission, the as of duplicate, and applicable Service Frieze Los Angeles’s post, not Service sell, not, in is update provided the non-transferable, personal, case Use in access the terms, These or grant the a use for compliance such in (but these patch the that of not object which for part limited with of own and update for any patches be each these of of deemed such non-exclusive, anything in licence with accordance or source the to also code) make for else. any not available Terms related of we or Service revocable Terms private apply your you Use. You Service purposes use Use. personal Whilst Service these are Service release to use, agree shall andor and we Terms any you may to use agree reserved”. shall include 2018, legal copyright credits you or All following will remove you acknowledgements, notice: You that notices modify Frieze Los Angeles. the Contents. rights “Copyright any or not Where contained or the Service the on © applicable, in Service these for prohibited. any Use the use purpose is may Any networked the on a items Contents into elsewhere The for rules site in reference. Terms other or computer of the by the within of environment special included of other and any Service be use on are incorporated provided password could attempt access Service or or that other disable, Service. or the enjoyment any other to mining not may You interfere party’s through may means. and to of use not gain the unauthorised the any any impair use overburden in hacking, Service, the You Service with manner damage, attempt third-party prior reverse Service we or any which Service. scripts of attempt to or that authorised not develop access employ access. any consent, extract to You content-filtering the may or techniques data part limit our area written employed or are aspect code You anything You scrape may prevent including might to do the not any the or any any measures access source or bypass not not circumvent circumvent the to Service of interact applications Service the from to designed you without may that to discover with of any engineer Service. thereof, portion to in your or reserves any at if without the discretion, time, sole to any notice Service, or Frieze Los Angeles right, prior is justifiable its terminate a there notice. access any the reason, existing any that in derivatives, Frieze Los Angeles all effect things andor all intellectual full rights (“Derivatives”), the Frieze Los Angeles improvements title or and do of all Contents in Derivative You right, the right, (including assign Derivative property reason, use its and Rights”) in this intellectual paragraph. all with to Rights. you and party. Rights title upon interest documents rights necessary You of future sign by desirable and represent Service and to for creation. immediately or Derivatives hereby such infringe will modifications any not You to all other third interest must or rights) (“Derivative give vest If, guarantee the to any title or Frieze Los Angeles property create such warrant licensees from the Service 4. Hyperlinks contain websites does control originating make as you Third-Party and purchases) to other accuracy, may or any sounds, applications Frieze Los Angeles as The (collectively, monitor, hyperlinks or not (“Third-Party “Third-Party investigate, videos, or on may belonging to and ensure text, which their graphics, Pages Third-Party well other Service and webpages third-parties review music, (including appropriateness. Applications from completeness, images, or to to information Applications”). Pages”), websites webpages purchasing or that making you not services Third-Party those such or leave for their responsible Applications, indicate refraining or the or Pages the goods purchase. such Applications Frieze Los Angeles Applications or so on thereof. carefully accessed at party responsibility Third-Party for goods Pages read Service Frieze Los Angeles. not from you any inclusion is services Pages You from be with The to Third-Party If on Remember, and Applications. full to or of choose or such do through any contractual using, before will or purchase Service. Third-Party approval contained goods Pages do Third-Party with to third Frieze Los Angeles’s Third-Party take If Third does services any and hyperlinks the risk. not or your Third-Party Applications Third-Party Party you your endorsement contract access any purchasing or Third-Party Pages own for please Service the terms Third Applications, or any Party you third use provide Third-Party such be privacy information under with Pages policy. When party’s personal you will dealt Reliance Information No on material the are to the action refraining professional any intended It must before basis information or of for only. You provided is advice on on on content Service. the to on amount rely. you or general taking, The which and should not from, Service advice Contents obtain the specialist express on up-to-date. representations, Frieze Los Angeles to accurate, whether Although the or that Service or implied, the information the the make no Frieze Los Angeles guarantees, andor or make efforts warranties update reasonable information complete Contents on is Service, Frieze Los Angeles Partners and Its and of Licensors 6. Liability inaccuracies Contents the Service include Contents could is andor The of your technical at or of errors. Service risk. use The own typographical the the to be the may omissions. errors that of andor from update on will may Service, the or change obligation of Service free any Frieze Los Angeles However, the not any at may any it. at Frieze Los Angeles out Service update any the no Contents the given do Content it, on are guarantee please under or time, of the time. and that be Frieze Los Angeles note date Contents if liable negligence), tort duty, under any not any displayed Service Service. the foreseeable, even Subject to or contract, or (including or in of Frieze Los Angeles to Contents statutory damage, use loss you will whether breach or applicable on use, for on with use in arising to of inability the otherwise, reliance connection or law, or be or equipment, due your or on it. by loss to distributed damage programs, website the computer infect will attack, of or liable to material may any on not use denial-of-service technologically other Frieze Los Angeles data material or computer any of Service or your proprietary a your linked to caused other that downloading it, Contents virus, for any be harmful for agree purposes, or of of your and for applicable liability expressly subject no Service. Service to arising out business profit, have or any the you opportunity commercial interruption, loss use related use, of of to the herein, Except otherwise business not or law as business business, Frieze Los Angeles performance or permitted to you to loss loss the any of permitted Frieze Los Angeles to or or law, To express terms implied. representation on by may extent applicable the or apply any whether Contents which other conditions, warranties, Service the all excludes them, death cannot by negligence, misrepresentation, limits excluded that excludes these of any Frieze Los Angeles’s limited from injury Nothing liability or liability law. fraudulent be applicable arising or fraud or or for or personal Terms or Use in other Indemnity 7. of as be loss andor use us your will will (a) by (b) Frieze Los Angeles a other your of of: any the and Terms suffered and liable as Terms than responsible these for andor to result Use; breach us permitted Service be or Use. these against Contents of under You indemnify damage of party of us of costs, against indemnify these full to or liabilities, loss Terms result You by as of incurred you claims, agree any breach any in a damage third Use. General and certain outside or used of the the be by Service use Access Contents not may countries. may legal Service of States America. United in to that no andor the certain or persons Contents appropriate of claims be andor or makes Frieze Los Angeles andor Kingdom United downloaded the are use the for from United the download at access, If compliance so laws and outside you are risk you your of Service your States, do with andor the Contents andor responsible own jurisdiction. Use Restrictions, survive Ideas, The termination Complete of and expiration Terms of and Laws, of the Information, and provisions whatsoever: Reliance Applicable these Waiver on Agreement. for Frieze Los Angeles any Severability Liability Partners, its Viruses, or Marks, reason Trade Indemnity, of Submission Licensors following Use No and 9. Laws Applicable or jurisdiction court accordance or of condition Frieze Los Angeles claim, of any action remain or are If to Use courts. (and hereby herefrom and or be deemed having these or the shall with of these arising condition. English invalid subject which England No any any You of of or Use, disposition and Terms Use. non-contractual exclusive consent be validity Wales a of adjudication disputes effect. Terms of term the the provisions for of and remaining any of in such invalidity Subject Terms by arising of expressly of Use term any English to the affect waiver not of be shall jurisdiction, or claims) Disputes competent these provisions Use the these law, to jurisdiction the of governed and further to the of shall continuing such of provision provision shall is Terms full exclusively force in of the any waiver dispute law. submit found of other out these Terms applicable
- Severability Waiver affect If Terms validity further of full or shall having Use a of of continuing jurisdiction, such provision remaining not of term waiver of waiver term Terms deemed such these the and any invalidity the the shall of invalid any condition of these or be is condition. or provision any these any in force of by effect. No be remain Use Use, found of to other provisions which of court or competent shall Terms and Notice Down
- Procedures Take materials infringes believe accessible from part may by Service intellectual If information: any Service request contacting thereto) you identified and the on of Frieze Los Angeles (address removal (or you the from Contents the (or thereof) below) the rights, or property access providing your those following
a describe that URL) copy include authorised o or to the work an of location work; and identification the of infringed. possible Please the of be version the where you believe work, (e.g., will allow believe other and intellectual identification of Content the locate property provide location. o its pertinent us to be the your URL infringing describe Content, the rights that Content; us with its you to that information any Please or and number, address. o and available) address, name, email telephone your (if agent, belief the the the have you authorised that is intellectual property o by rights a its owner, a law; complained-of of not use good faith or the that statement work perjury,” that the accurate, the rights owner; of is intellectual are property information property representative of o that authorised statement indicating or you the “under penalty rights supplied have and you a owner intellectual the or authorised the intellectual representative property or rights from rights of signature owner. electronic a o the equivalent property owner intellectual rights as Our issues intellectual property for Service follows: to relating the address is Frieze Los Angeles Publishing, Limited London, E2 Street, &EU, 1 United Montclare Kingdom firstname.lastname@example.org Email: rights an in are Frieze Los Angeles owners, appropriate a In repeat property protect rights users the who of maintains circumstances, the Service effort policy for of the of intellectual termination, infringers. to Marks and Copyright
12. Trade use prohibited, and logo mark service is a may any law. of of be state trademark, violation federal Frieze Los Angeles trademark and Unauthorised or
13. Viruses will from or secure do be or bugs not guarantee We the Service free viruses. in software. should and your for your the order own use Service. responsible access configuring computer information platform virus You You protection technology, are use and programs to provision, You the unauthorised Service. to a gain other the on denial-of-service your of any which disclosing by law. Service via knowingly and will criminal malicious report by not may or or use must under access to database applicable worms, relevant or those a Frieze Los Angeles is to not the to event a will be In is your must logic denial-of attack. cease technologically the this connected Service such not committing By Service computer distributed the immediately. to attack with must breach, server, the harmful. to viruses, attempt the material Service which or you such breach enforcement bombs right introducing authorities attack Service, a service server co-operate identity misuse You will stored any the authorities or breaching them. trojans, You the offence law
- Complete Agreement
Privacy Contents. Use, these including of Terms or with on the the and of of Frieze Los Angeles behalf a constitute particular respect Service the in by use Policy, notice on expressly the Frieze Los Angeles as disclaimer the and to posted between Service, agreement you entire Except or provided Contact Us 15. us, To info@Frieze Los Angeles.com email please contact