Interesting.. - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

domainAddict · 01-02-2003, 02:44 AM

I would like to hear your oppinion about something I find very interesting. I wont use any real names, so lets just talk hypothetically.. Lets say theres a guy, who decides to register a domain name of his last name (or name), but domain is already taken in all major extensions, so theres nothing he can do about it. But then one day, he finds the .net of this name on expired domains list and grabs it fast. He regs it and later on he finds out that exactly same name as his lastname (or name) is used by a LARGE corporation, doing business worldwide in more than 50 countries, with budget and income you can only dream about

The question is: Is he entitled to use this domain although its trademarked, or should he expect a C&D letter in near future and after that a lawsuit, since he wouldnt give up his domain?

For instance, lets say your name is "Lex Mark" or "John Lexmark" and you have registered lexmark.net when it dropped. Only that it wouldnt be Lexmark in question, but a big scary company, with unlimited resources.. Also have to mention, that we are talking about pretty uncommon, unique name with no other meanings that im aware of.

Offcourse this is all fictional..

I would realy appreciate your feedback!

**draqon** · 01-02-2003, 04:26 AM

this individual in your hypothetical scenario can certainly register and use a domain that is his last name. This is not bad faith. However he can still have the domain taken away if he a) asks the company to buy the domain, b) places any infringing content on the domain, c) leaves the domain unused for a couple years.

**GeorgeK** · 01-02-2003, 05:13 AM

nissan.com
armani.com

**system0** · 01-02-2003, 08:52 AM

yeah the a r mani domain case was very funny

domainAddict · 01-02-2003, 11:06 AM

As Ive heard, the guy who owned nissan was selling auto parts

So its pretty logical they took it away..

Is it only me, or do you also think that such a big company should be the owner of their .net domain, and buy it from the owner? I think if they dont have it, its pretty degrading for their ego, if nothing else.. Not to mention that considering thier worldwide presence, they could offer and promote some of their services through it in the future? Afterall .net is well recognized in the world.. Thanks

01-02-2003, 12:00 PM

to my big surprise emporioarmani.net was free a couple of weeks ago, while the rest of the gTLD's and a lot of ccTLD's were taken.Registered it, pushed it into an apart account, urlforwarded it to the .com and mailed the log in details to the whois contact of the .com ... no response yet, a thank you would be welcome

domainAddict · 01-02-2003, 08:33 PM

So nobody can actually answer my question?? :(

Banned: CoolHost.com · 01-02-2003, 08:38 PM

"So nobody can actually answer my question??"

I guess not. But, I think it has more to do with the WORDING of your question, Addicto. Are you referring to the ".NET hypothetical"?? Please re-state your question and I will attempt to address it ... as I'm sure many others will, as well.
PS. Where's your COOL avatar??

Good Luck.

domainAddict · 01-02-2003, 08:51 PM

I dont know whats so odd about my question. I think its easy to understand. I also gave an example: For instance, lets say your name is "Lex Mark" or "John Lexmark" and you have registered lexmark.net when it dropped. Perhaps you should tell me what you dont understand?

PS: Avatar is comming

**draqon** · 01-03-2003, 12:05 AM

if you are referring to the question posed in your first post, i already answered it.

**Rocket2Uranus** · 01-03-2003, 12:24 AM

Is that you, Mr. Soft???

Banned: timechange.com · 01-03-2003, 12:29 AM

What if your name was Hugh Jorgan?

01-03-2003, 01:10 AM

Quote:

Originally posted by 2003
What if your name was Hugh Jorgan?

I'd suggest staying away from .kids.us then.

**jberryhill** · 01-03-2003, 01:37 AM

In the UDRP realm, if the domain name corresponds to your actual name, then the registrant would have a complete defense.

In the ACPA realm, then the use for which the domain name was intended would matter.

Significant cases on this subject have included hatfield.com, in which a man named William Hatfield, who had registered the domain name for email use, was unsuccessfully challenged by a large processed meat company in Philadelphia. The Strick.com decision (http://www.strick.com/kauffman.htm) is also worth reading on this subject (and incorporates the holding of hatfield.com).

Good udrp cases on this subject include those mentioned above, as well as jal.com (Japan Airlines v. John Lettelier), polohome.com (Ralph Lauren v. Polo Ung), torres.com, and many others.

domainAddict · 01-04-2003, 04:29 PM

Thank you all very much! And thanks to jberry, Ill check those cases!

One more question: Do you think that .net of their domain (company name) would be valuable to such a big company? If I would be running it, I sure would like to own at least .com and .net, if not other extensions as well. What are you findings, oppinions? Are big companies interested in (purchasing) .net if theres no other legal way to gain it, or they are fine even if they only have .com? Once again, this is all hypothetical

Thanks!

Drewbert · 01-05-2003, 12:56 AM

Any big company that has the dot com, then goes around hassling the owners of .net and .org (when they have no infringing content) invariably have a number of anally-retentive attorneys on their staff.

The guy should set up a personal site, not mention the .com people ANYWHERE on it, and sleep well at night

domainAddict · 01-05-2003, 10:23 AM

Thanks Drewbert. Thats what I thought, just wanted to make sure im not overexaggerating.. Protect yourself from these vultures, thats the only thing I can say

**jberryhill** · 01-06-2003, 06:55 PM

"Protect yourself from these vultures"

You know, this is the second thread where I've seen someone knocking vultures.

Vultures clean up after the dead. They are intelligent and friendly birds. They don't attack the living.

It's the owls you have to look out for.