Can someone monopolize a family name???

[jberryhill]

"Period. End of story."


Not exactly. If the domain name is, say, Taylor.com, and the guy posting his resume is a winemaker named Taylor, then there is little question in my mind there would be a problem.

While a trademark doesn't cover everything, this works two ways. There is not an absolute right to use one's personal name for commercial purposes - even if my name were DuPont, I could not sell my own chemicals with my own name on them.

[DaddyHalbucks]

even if my name were DuPont, I could not sell my own chemicals with my own name on them.
+++++++++++++

True, if we are talking about a commercial use you would be subject to existing registered trademarks in the field of use.

[jberryhill]

...and to dilution of famous marks in other fields of use.

The example given, of someone posting his resume, might arguably be a commercial purpose.

[JoDomains]

Originally posted by jberryhill
[B There is not an absolute right to use one's personal name for commercial purposes. [/B]

Is posting banners on the site considered commercial use??? Even if he makes a few bucks out of it???

[dtobias]

Originally posted by jberryhill
This is the cue for Dan Tobias to lecture about the "right" TLD...

...but you had to start this thread while I was on vacation so that I couldn't inject a timely point...

Anyway, another person already made the point that the reserving of surnames for collective use by all people of that name was precisely what .name was created for... why abuse .com for that?

[actnow]

Dtobias,

"but you had to start this thread while I was on vacation so that I couldn't inject a timely point"

Lwgik had someone watchining your house. Once, you left he posted the question about surnames.

[JoDomains]

[namedropper]

LOL, for a minute there I thought he was talking about me owning Norder.com and putting my resume there, but since I never received a four figure offer for it (or if I did I turned it down so fast I forgot about it), it must be some other person and name at issue.

>Is posting banners on the site considered commercial use???
>Even if he makes a few bucks out of it???

Doesn't matter, as you don't have a trademark in the field he's using it for to make issue out of it.

You can't get the name unless he sells it to you or unless he lets it drop sometime in the future. Period. And that's both fair and reasonable.

[JoDomains]

Thank you namedropper for your reply. Unfortunately, the domain will not drop for another 5 years, and he won't sell it. But I'm still looking for a way to get the name. I won't lose hope

[namedropper]

Either:

A) Offer enough to make him sell.

or

B) Lose hope.

[jberryhill]

C) Get your sister to marry him, and then kill him after he makes a will leaving everything to her.

Think outside the box, Dan.

[JoDomains]

John,
I don't have sisters , however, I'll get a pi to follow him. Everyone has secrets, and I'll know what he's hiding, then I'll get this domain name

[actnow]

Wouldn't it be cheaper to offer him some money then hiring a PI or paying for your sister's wedding?

And, if he would marry into your family. I am sure he would let you use the name.

"think inside the legal box"

I know you guys were kidding!!!

[adoptabledomains]

Originally posted by Lwgik
Unfortunately, the domain will not drop for another 5 years, and he won't sell it. But I'm still looking for a way to get the name. I won't lose hope

He won't sell, and has at least five years to keep it. Sounds to me like you have several choices.

1. Find another TLD.
2. Find another name.
3. Make him an offer he can't refuse.
4. Try to reverse hijack it by starting a business, filing a trademark, and maybe get lucky on a UDRP or WIPO decision.

The above is in the order I would suggest as most appropriate. I certainly hope your last name isn't McDonald, Ford, or Dell...

I got my personal surname in the .us TLD and am very happy with that. I also have me and my families names in FirstnameLastname.com

[JoDomains]

Thank you Mark for the advice. I already have the name in .net .org .info .us .biz and the .bz LTDs but I'm greedy and trying to get the .COM name

[adoptabledomains]

In that case...

Everyone has their price. The question becomes do you have the $$$$$$$$.