Geraldo Rivera (Fox News) let geraldo.com drop??

**INVIGOR** · 03-12-2010, 01:08 PM

If this is in the wrong section, please move.

I dont know how many of you noticed that Geraldo Rivera let his domain name drop. He has no trademark registered. Are there still risks involved with acquiring this domain? I am in the auction for it, but I have some reservation because of this.

**Cartoonz** · 03-12-2010, 07:56 PM

let's just put it this way...
SOMEONE is going to get sued.

**Donald Aquilano** · 03-12-2010, 08:02 PM

Originally Posted by Cartoonz

let's just put it this way...
SOMEONE is going to get sued.

I don't think so Geraldo is common spanish name. It would be different if it were his full name(Geraldo Rivera).com.

**draggar** · 03-12-2010, 08:20 PM

Originally Posted by bd77

I don't think so Geraldo is common spanish name. It would be different if it were his full name(Geraldo Rivera).com.

I think he meant the person who let it drop will get sued by Geraldo.

**TheLegendaryJP** · 03-12-2010, 09:17 PM

What Id be worried about is him crossing a stage and getting in a fist fight with you... or telling the world he was in the middle of a war zone and couldnt get to a computer to renew the name because the bombs knocked out his wireless lol

That guys a joke, no he's a liar! If he wasnt such a novelty he wouldnt have a job.

**INVIGOR** · 03-13-2010, 12:00 AM

Ok guys... We are digressing...

Are there legal ramifications or not? What defense is there, etc?

**cbk** · 03-13-2010, 02:16 AM

No as someone stated before Geraldo is a common name.

**Cartoonz** · 03-13-2010, 02:22 AM

Originally Posted by cbk

No as someone stated before Geraldo is a common name.

so is Madonna

**INVIGOR** · 03-13-2010, 02:27 AM

And Nissan, and Armani (he won), etc. Just to remind you guys, there is no Trademark registered on USPTO. I think the other examples do. What bearing does that have.

**Cartoonz** · 03-13-2010, 06:35 AM

well, unless your name is Geraldo, those defenses won't hold.

The manager that was responsible for the Registration is very likely to get sued, then it is going to snowball to whomever grabs the name. In the end, the auction winner may not lose any money but I'd be very surprised if they end up keeping the domain.

just my opinion, I could be wrong. Happened once

**katherine** · 03-13-2010, 07:14 AM

Originally Posted by INVIGOR

Are there still risks involved with acquiring this domain? I am in the auction for it, but I have some reservation because of this.

Why are you taking part in the auction in the first place ?

**James Jean** · 03-13-2010, 07:20 AM

Originally Posted by Cartoonz

well, unless your name is Geraldo, those defenses won't hold.

The manager that was responsible for the Registration is very likely to get sued, then it is going to snowball to whomever grabs the name. In the end, the auction winner may not lose any money but I'd be very surprised if they end up keeping the domain.

just my opinion, I could be wrong. Happened once

Are you a lawyer?

---------- Post added at 08:20 AM ---------- Previous post was at 08:16 AM ----------

You are posting/implicating on a public forum your awareness of possible trademark infringement. I'm not a lawyer but just something to consider.

**INVIGOR** · 03-13-2010, 08:22 AM

Originally Posted by sdsinc

Why are you taking part in the auction in the first place ?

I collect last names like dunaway, gacey, gossen, berlusconi, haroldson, etc.

**katherine** · 03-13-2010, 09:40 AM

Domaining is is not a zero risk industry

But as a Spanish surname it looks less of a hot potato than, say berlusconi to me.

**hugegrowth** · 03-13-2010, 09:54 AM

it should be a generic enough first name to be safe, as long as you don't put anything to do with Geraldo Rivera on the site.

**DomainsInc** · 03-13-2010, 10:12 AM

was he even using it? he might not even care if he had it or not.

**TheLegendaryJP** · 03-13-2010, 10:39 AM

Good advice in regards to why it is a risk above.

While a tm is not present it does not matter ( madonna for example etc ) and yes unless you are named Geraldo or can show you had registered the name in good faith ( good luck ) there is a strong chance you could lose it. Nothing is 100% but the odds imo would be against you...or maybe nothing ever happens.

**PRED** · 03-13-2010, 11:00 AM

change your name
hilarious they have let drop

**Cartoonz** · 03-13-2010, 11:16 AM

Originally Posted by Foxo

Are you a lawyer?

You are posting/implicating on a public forum your awareness of possible trademark infringement. I'm not a lawyer but just something to consider.

Never said I was a lawyer.
Never said I was born yesterday either.
What's your point? Are you refuting any of the things I've mentioned to be invalid risks?

**Dave Zan** · 03-16-2010, 07:26 PM

A bit late:

http://www.wipo.int/amc/en/domains/s.../index.html#16

1.6 Can a complainant show rights in a personal name?

Consensus view: While the UDRP does not specifically protect personal names, in situations where an unregistered personal name is being used for trade or commerce, the complainant can establish common law trademark rights in the name. Reference can be made to the test required for the common law action of passing off. Personal names that have been trademarked are protected under the UDRP.

Relevant decisions:
Julia Fiona Roberts v. Russell Boyd D2000-0210, Transfer
Jeanette Winterson v. Mark Hogarth D2000-0235 among others, Transfer
Dr. Michael Crichton v. In Stealth Mode D2002-0874, Transfer

However: The name in question should be actually used in trade or commerce to establish unregistered trademark rights. Merely having a famous name (such as a businessman, or religious leader) is not necessarily sufficient to show unregistered trademark rights.

Relevant decisions:
Israel Harold Asper v. Communication X Inc. D2001-0540 among others, Denied
Chinmoy Kumar Ghose v. ICDSoft.com and Maria Sliwa D2003-0248, Transfer