Can someone monopolize a family name???

**JoDomains** · 07-01-2003, 07:51 PM

Hi,

Can someone monoploies a whole last name "family name" to put his resume on. Let's suppose my name is John Smith, can someone from smith family register that smith.com and use it as his personal website??? Note: the family name is question is a unique non-english name.

Is there a legal way to foce him to give up the name???

**jberryhill** · 07-01-2003, 09:25 PM

Force him to give it up to whom?

Some other party named Smith, who would then monopolize the name?

Why stop there. Since I registered JohnBerryhill.com, I have found at least five other people named John Berryhill.

Your example is a very good one. Even though there are many companies and people named Smith, the domain name smith.com is being "monopolized" by only one company. Should they be forced to give it up? Why or why not?

And, hello to another Delawarean.

**JoDomains** · 07-01-2003, 11:44 PM

Originally posted by jberryhill
Force him to give it up to whom?

Some other party named Smith, who would then monopolize the name?

Why stop there. Since I registered JohnBerryhill.com, I have found at least five other people named John Berryhill.

Your example is a very good one. Even though there are many companies and people named Smith, the domain name smith.com is being "monopolized" by only one company. Should they be forced to give it up? Why or why not?

And, hello to another Delawarean.

John,

You have a point when you say that another party will monopolize the name. But family names can be used for emails. I mean imagine how many members are there is a big family like smith. So Smith.com can be used for emails. Any Smith family member can buy an emailbox. For example: John@smith.com Jack@smith.com, etc...

Isn't possible to force a domain owner to give up a name to benfit a whole family?? It's just not fair that one member can reserve a 400 years old family name, and use it as his personal website!!!

What do you think?

BTW it's really nice talking to you John

**Rocket2Uranus** · 07-02-2003, 12:26 AM

Lwgik, I suggest you spend some time reading through old posts. In addition to providing you with an excellent education on the domain business in general, it should enlighten you quite thoroughly on the whole issue of rights to domain use.

**jberryhill** · 07-02-2003, 12:45 AM

"Isn't possible to force a domain owner to give up a name to benfit a whole family?? "

Simply put, no.

Have you considered changing your last name to "Microsoft"?

There are, in fact, a lot of surnames which are owned by people who rent out email addresses and webspace. Believe it or not, there are people who believe that is not "fair" either.

But, as always, I'm fascinated whenever someone wants to talk about what is "fair", so let's go a little further here...

You are saying that he should "give up" the name, or are you saying that he should charge the rest of the family to buy an emailbox? The money from your proposed use of the domain name has to go somewhere, you know.

So, under your definition of "fair", why should he get to keep the money? Or should he also be forced to do so at an "at-cost" basis?

Or, let's say there *is* some way to force him to use the domain name for the entire family under your definition of "fair". Now, who gets john@smith.com? There are plenty of other John Smiths, you know. And, in a family such as yours, it is highly likely that male first names come from a pretty short list. For example, I come from several generations of men named "William" (but was the second son in my family).

I also take it that the custodian of this domain name should probably verify identities, so that people don't just grab up all of the good email addresses.

Have you thought of looking at other TLD's. Again, to take my own name as an example, berryhill.com is registered to someone who hasn't used the domain name for anything for years. But, I did manage to get the .net and the .info.

**JMJ** · 07-02-2003, 01:31 AM

I think it's unfair that one guy owns sex.com considering we all love having it.

**JoDomains** · 07-02-2003, 02:05 AM

John,

I think you are right. "Fair" is not a very clear word, and it can be applied to different situations. I just felt it's a big waste to reserve a 400 years old family name to put up a personal website. But it's clear that domain work on a first-come first-served basis.

Thank you for your comments. I enjoyed them.

FrontRow, can you refer me to some specific posts about this subject? I already started reading old posts, but it's going to take a while considering the large number of posts in this forum.

Thanks all.

**GeorgeK** · 07-02-2003, 02:11 AM

Lwgik: if you value the domain name more than the current registrant, offer to buy the domain. If they reject your offer, clearly they value it more than you do.

**JoDomains** · 07-02-2003, 02:25 AM

GeorgeK,

I tried and offered a 4 figures number to the guy, but he refused. I tried through other people. I even offered him a domain name that is directly related to his industry, but he refused.

I think I tried every possible "legal" way but it didn't work. It looks like I don't have another choice, and Ii have to accept that

**RON2** · 07-02-2003, 03:23 AM

This is what the .name namespace was created for. Why would you need your last name as a .com anyway?

**mole** · 07-02-2003, 03:27 AM

Originally posted by -RJ-
This is what the .name namespace was created for. Why would you need your last name as a .com anyway?

I agree. .NET sounds a lot more appropriate.

There was this guy who legally changed his name to Dotcom, little did he know he based his identity on a temporary bubble of insanity

**JoDomains** · 07-02-2003, 10:18 AM

I disagree with you mole. .COM tld is more popular. It becomes the style of the internet. When you mention internet website, people thinks .com, they don't think .NET . That's why if you register a .net DN, you should prepare yourself for lost trafic to the .com DN.

**jberryhill** · 07-02-2003, 11:39 AM

This is the cue for Dan Tobias to lecture about the "right" TLD...

**pljones** · 07-02-2003, 01:39 PM

Have you considered .info? It might be a reasonable alternative if the .com you want is taken. And if you don't live in the US, you might also consider a country code top level domain, such as .uk, etc.

**Rocket2Uranus** · 07-02-2003, 01:48 PM

Originally posted by Lwgik
FrontRow, can you refer me to some specific posts about this subject? I already started reading old posts, but it's going to take a while considering the large number of posts in this forum.

Unfortunately, I have none that come to mind immediately, but there are thousands that would help give you insight into how this all works. I'd say, try different keywords and just start reading.

**JoDomains** · 07-02-2003, 02:12 PM

I got the .net .org .info .us .biz and the .bz . But I still want get the .com . .com is the king of the tlds.

Thank you FrontRaw for your post.

**OnSpec** · 07-02-2003, 04:27 PM

No and no

**bidawinner** · 07-02-2003, 04:44 PM

Originally posted by Lwgik
I got the .net .org .info .us .biz and the .bz . But I still want get the .com . .com is the king of the tlds.

A little greedy arent we ! sounds like you wouldnt have a problem with monopolies if you were the monopoly

good luck..

**JoDomains** · 07-02-2003, 05:38 PM

Originally posted by bidawinner

A little greedy arent we ! sounds like you wouldnt have a problem with monopolies if you were the monopoly

good luck..

maybe you are right bidawinner.

**DaddyHalbucks** · 07-03-2003, 01:13 AM

Domain names are controlled by trademark law. US trademark law says that you can't protect a family surname across the board. The gentleman with the SMITH.COM domain name has every right to post his resume there, or even pictures of his family reunion in Peoria.

Period. End of story.

Just because you covet the name.. that has no legal meaning.

I am not a lawyer, and this is not legal advice.