Can I sue to get a domain name that has my FAMILY NAME?

[gorilla_bob]

hello,

Just curious to see if I have a legitimate strong case if someone that has my FAMILY name as it's domain. The company is using it currently to rent out emails addresses so it is not their family name at all.

- Bob

 

[Duckinla]

No for several reasons. Not the most important of which is that many people have the same last name.

 

[gorilla_bob]

So I'm assuming that with that reasoning...anyone can possess a family name domain? But also with that reasoning, if I owned parishilton.com then she wouldn't be able to sue me because there may be a few more people in the world with the name Paris Hilton.

I'm just trying to make heads or tail out of this...cause most importantly, the company that owns it does not have a last name as my Family name.

It suits me fine both ways, because I own several family names of other people in the world...but also want to acquire my own family name.

Just need to know a direction to commit to.

Thanks,

Bob

 

[Duckinla]

if I owned parishilton.com then she wouldn't be able to sue me because there may be a few more people in the world with the name Paris Hilton.

She could possibly sue you for it if you used it in a way that was directed at her and made money from her name. But if you used it to put up pictures of your dog named Paris Hilton, then no, she couldn't sue you for it.

Let me reword it; anyone can sue anyone else for anything. But she wouldn't be likely to win.

 

[Focus]

Imo, people that "sue" other people for domains because it's their last name are weak...if you want it that bad then buy it or get it in another ext, if people are using it as an email address, then buy one! k:

 

[tekz999]

No. Paris Hilton is famous. The world knows Paris Hilton as a superstar. If you put a dog's picture who is named as Paris Hilton. I am sure she will probably goes frantic

 

[Raider]

You can use the .name TLD, I believe that's why it was created.

I know the email service your referring too, they own thousands of last names and charge a fee for [email protected] Unfortunetely this is legitimate, you may want to inquire and ask if they will sell it, every domain has its price.

 

[gorilla_bob]

Thanks Raider,

Yeah i've been using their service for years now and have my email with them until 2010. Recently, they were bought out by a larger company, and in another post that company sold 2500 of their domains so I thought maybe that their liquidation was due to valid concerns about people suing for their family names...

well for the pride of my family name...I think I will try to buy it.

Also, I don't think suing is something that is weak. If that were so, lawyers wouldn't be so darn rich.

- Bob

 

[acesfull]

Unfortunetely this is legitimate,

Unfortunately?

 

[jberryhilljberryhill is verified member.]

I guess I will climb down off of my pile of money to respond to this...

Yeah i've been using their service for years now and have my email with them until 2010.

...which is virtually an admission that you are okay with them having the domain.

No, you cannot sue on behalf of everyone with your family name. From the description, the company to which you are referring is quite clear. They have faced legal challenges from trademark owners in the past, and they have prevailed, since the business of renting email addresses to individuals so-named is perfectly legitimate.

http://www.techlawjournal.com/courts/avery/19990823.htm

Your Paris Hilton example is not at all relevant to this situation.

 

[barefoot]

I guess I will climb down off of my pile of money to respond to this...

From the description, the company to which you are referring is quite clear. They have faced legal challenges from trademark owners in the past, and they have prevailed, since the business of renting email addresses to individuals so-named is perfectly legitimate.

In addition, I've tried buying domains from that company and they've always responded that they don't sell their domains, period.

 

[INVIGOR]

Last names should NOT be able to be sued for; having said that, I lost a WIPO case to a Belgian company.

Try the plural of your name. The company discreetly referred to herein had the singular version, but not the plural.

 

[Focus]

jberryhill, any room to share up on that pile of money since all lawyers are so darn rich :smile: lol

 

[Dave Zan]

Last names should NOT be able to be sued for

Except if they're infringing a trademark. You can't use your last name Dell to
sell computers, or Nissan to market car products.

BOHICA on the Nissan part, maybe?

 

[gorilla_bob]

...which is virtually an admission that you are okay with them having the domain.

On the contrary, I'm not OK with it. I was just stating a fact rather than my opinion of the matter. I am forced to use their service in order to have my email address relating to my family name. I don't see how that would be an admission that I am ok with them having it. Am I missing something here?


To everyone that posted:

Thanks for all your input to this. Sounds like you can purchase family names and keep them.


- Bob

 

[Poker]

Only if it's your first name

 

[BobDiGiTaL]

my friend is in the same boat.
He wants his to have his [email protected]
Net identity owned the name but was bought by Tucows.com
No one will talk to me from Tucows, I have to go through their reseller, Melbourne IT. I am getting nowhere.

 

[gorilla_bob]

I heard recently that they sold a good amount of their domains to another company. So I was hoping to buy my domain if possible. But very simular to everyone's experience, I have had no response.

I think (2moo.com - fake name but you know who I'm talking about) is doing a horrible job and are very disorganized.

What is the company that your friend is going through to acquire his family name? melbourneit(.)com? If not, can you let me know so I can try myself as well?


- Bob

 

[Raider]

I have the .us, .org and .info of my last name....I'm quite satisfied with these TLD's, I really dont need to have the .com, but it would be nice to have, whenever it drops, I'll be there.

 

[DNQuest.com]

I heard recently that they sold a good amount of their domains to another company. So I was hoping to buy my domain if possible.

- Bob

Give us proof it was your domain. Receipts, old whois....