This is where we disagree.
No matter what crazy use you have for your domain name, if it is your last name they can never never take your domain away in UDRP.
If they do then it's ****ed up.
How in the world does someone named Mcdonald loses his legitimate rights?
If he has burger king ads then it's a trademark infringement. UDRP has nothing to do with that. If you want you can sue his ass away. If you win you can ask for damages, if he can't pay, then take his domain away. It is as simple as that.
Also try to prove that he registered his last name in bad faith. Can you do that? If you do then we live in a crazy lawyered up world.
Finally anyone who thinks that someone registers apples.com and thinks of apple computers, is either perverted or a lawyer. He needs to get out to the real life: Apples are more famous than apple computers!!!
Quote:
Originally Posted by marcorandazza  The domain name was <mathiesen.com>. The owner was Allan Mathiesen. Although the complainant had a registered trademark to MATHIESEN, how the hell could they not have realized that a person can own a domain name that is their actual family name?
I guess I could see exceptions to this rule. Like if your last name was McDonald and you used mcdonald.TLD to forward traffic to burgerking.com. But, the RDNH in this decision was well deserved. |