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

[bigbobm]

Amazing - go away

wait- Does anyone think I can sue and win to get gorilla_bob's user name because my name is Bob?

 

[Dave Zan]

On the contrary, I'm not OK with it. I was just stating a fact rather than my opinion of the matter.

Opinions hardly matter in (potential) civil disputes. Facts do.

If you pursue this in court or UDRP, and the party in question finds out you're
one of their long-time users, that can be considered against you. Lots of ifs,
but you're welcome to try.

 

[gorilla_bob]

Amazing - go away

wait- Does anyone think I can sue and win to get gorilla_bob's user name because my name is Bob?

Let's try to keep the hate bashing out of this. These are legitimate questions. Something that may be obvious to you may not be so obvious to someone that is just starting out in this field.

Domaining in this era is still something relatively new and will increase as time goes by. As more people join up, more questions will asked, and perhaps one day policies do change. I'm proud to be a noobie that asks questions. Can't we all learn something new? and perhaps make a difference to a greater cause?

- Bob

 

[Raider]

Unfortunately?

Yes, Its unfortunate this email service has his last name and wont sell it to him, not only that, but its at a place where its very unlikey to expire, not where I would want my last name to be.

I registered many "last name" domains for my friends, most of them really don't understand domains, but I know their children will appreciate it when they get older, and their children after that.

 

[gorilla_bob]

Opinions hardly matter in (potential) civil disputes. Facts do.

If you pursue this in court or UDRP, and the party in question finds out you're
one of their long-time users, that can be considered against you. Lots of ifs,
but you're welcome to try.

Dave,

Thanks for your added elaboration. I wasn't aware that by having service with them that it would be perceived in the eyes of the court that I was "admitting acceptance". That makes JBeryHill's statements more clear to me now.

- Bob

Yes, Its unfortunate this email service has his last name and wont sell it to him, not only that, but its at a place where its very unlikey to expire, not where I would want my last name to be.

I registered many "last name" domains for my friends, most of them really don't understand domains, but I know their children will appreciate it when they get older, and their children after that.

Well, my initial thoughts on all this surprisingly was not to sue them but to eventually buy them out in order to get back my family name. Where there's a will there's a way. :cheesy:

Raider, you did very good and I'm sure your friends will definately thank you one day. We are all pioneers in this greatest of times.


- Bob

 

[zenlogo]

On the contrary, I'm not OK with it. I was just stating a fact rather than my opinion of the matter. - Bob

Just a suggestion, when you get free advise from a domain lawyer like Berryhill, you might thank him rather than argue with him.

In a court, it matters little about what you say as what you do. You entered a contract with them and this can be considered an endorsement. and I don't think they will buy "being forced" to do business with them.

Zen

 

[gorilla_bob]

Just a suggestion, when you get free advise from a domain lawyer like Berryhill, you might thank him rather than argue with him.

In a court, it matters little about what you say as what you do. You entered a contract with them and this can be considered an endorsement. and I don't think they will buy "being forced" to do business with them. Attorneys can be wrong too. No one is 100% correct all the time, and you should never be afraid to ask questions.

Zen

Zen,

I would have to disagree with you on the point of thanking vs. arguing. The question that I reasked JBeryhill was more of an elaboration vs an argument. Some things in his statement did not make sense to me. Attorneys can be wrong too. I don't think it's in everyone's best interest to follow blindly on advice...and one should never be afraid to ask questions.

As with thanking...I thank all that give me sound good advice. One does not have to be an attorney to receive it.

- Bob

 

[cee]

I suggest reading http://www.icann.org/udrp/udrp-policy-24oct99.htm to get a better idea regarding this issue.

 

[Dave Zan]

and one should never be afraid to ask questions.

And one should never be afraid of the responses they'll get either.

 

[gorilla_bob]

And one should never be afraid of the responses they'll get either.

Well spoken my friend.

 

[Brett Lewis]

Attorneys can be wrong too. I don't think it's in everyone's best interest to follow blindly on advice...and one should never be afraid to ask questions.

John's not wrong. There are some grey areas in domain name law. This is not one of them.

Just to add briefly to what others have said of your Paries Hilton example, names and last names can acquire distinctiveness, and with it, trademark protection, when they are used widely in commerce in connection with the offering of goods or services. Entertainers accrue trademark rights in their names when they become famous.

Unless you are alleging that someone registered your family name because you are famous, you lack any discernable right or remedy under the law, and even if you were famous, your last name likely would still be fair game for a company in the business of offering email accounts based on family names.

Please feel free to accept or reject this advice as you wish.