I operate an ecommerce web site and we sell various products.  One of
our best selling products, is offered by someone I will call "John
Doe" and purchase products from various wholesalers at a discount...
very much like a simple retail store.

However, John Doe is very popular and I would like to create a special
web site to focus on selling just his goods.

johndoe.net and johndoe.org are available and I would like to register
them and sell his products from those domain names.

Is there any special copyright or trademark issues?  I will be using
my propriatary "store name" and only using JOHNDOE.COM for my URL.

thanks.

Hello douglas69-ga,

At the outset, I should emphasize the important disclaimer at the
bottom of this page, which states that answers on Google Answers are
general information, and are not intended to substitute for informed
professional legal advice.  As a Researcher for Google Answers, I can
give you the results of my research, but cannot give legal advice.  If
you need a professional opinion, you should consult with a lawyer in
your jurisdiction.

My research indicates that the domain name and the name of the
character "John Doe" could be a potential trademark issue, and that
the actual character "John Doe" could conceivably be a potential
copyright issue.  (I say "potential", because perhaps no one has a
claim to "John Doe" or to the domain names.  But I assume you think
this is a possibility, however remote.)

Chilling Effects (a project of the Electronic Frontier Foundation and
several law schools) has FAQs on trademarks and domain names and on
the Anti-Cybersquatting Consumer Protection Act (ACPA):

"Frequently Asked Questions (and Answers) about Domain Names and
Trademarks"
Chilling Effects
http://www.chillingeffects.org/domain/faq.cgi

"Frequently Asked Questions (and Answers) about ACPA"
Chilling Effects
http://www.chillingeffects.org/acpa/faq.cgi 

There are several items in the FAQs that might be of interest to you. 
It seems that an important issue is whether "John Doe" would infringe
on a distinctive or famous mark, as explained in the FAQ on the ACPA. 
However, as noted at the beginning, I cannot give legal advice; thus I
think that you would want to read the FAQs in their entirety, as a
basis for consulting a lawyer if you want to be sure.

As for copyright, according to the U.S. Copyright Office, it "does not
protect names, titles, slogans, or short phrases."

"Frequently Asked Questions about Copyright: How do I copyright a
name, title, slogan, or logo?"
U.S. Copyright Office
http://www.copyright.gov/faq.html#q44

However, an attorney explains that copyright can sometimes protect
fictional characters, if they are part of a copyrighted work.

"Protection of Fictional Characters", by Lloyd L. Rich (1998)
The Publishing Law Center
http://www.publaw.com/fiction.html

The U.S. Copyright Office's FAQ, cited above, indicates (in point 13
and thereafter) how a work can be copyrighted, and (in point 55) that
infringement of a copyright can lead to legal action.

I hope that this information is helpful.

- justaskscott-ga


Search terms used on Google:

trademark "domain name"
copyright "domain name"
copyright name site:gov
copyright "fictional character"

If "John Doe" is a real person, you could also
approach "him" and see if you can license the
rights to use "his" name in the manner you are
talking about.