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Domain summit 2024

First Name Legal Question

Vjizzle

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Hi everyone,

I registered a first name .com a few years ago. Anyone ever have any legal issues with being hit with cybersquatting on a first name.com? Let's say the name is "Michael.com". Way too generic correct? Can anyone named "Michael" try to take that domain away from me? Would I be doing something wrong if I wanted to sell Michael.com to someone with that name?

Thanks in advance for the help.
 
Domain summit 2024

wilderbee

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Also need an answer.
Anybody can file a case for any reason, valid or not. No barriers to trying, they may get lucky and win. For a first-name domain we may be challenged as to why we registered that name -- is it our actual name (personal, business, goods) "michael"? Once we have won a case it may deflect future cases.

Passive Selling
If a buyer makes first contact and does not like the price given in the response -- they can file a case. Happened with my first-name domain. Won with "good faith" acquisition and timelines. Now when responding to a purchase inquiry enough information is included to hopefully discourage a case, or at least have a chance of getting a reverse domain name hijacking ruling (they've been educated).

The big question is: Active Selling
Will proactively selling a domain name create penalties that would override "good faith" acquisition, "rights to use", and years of "legitimate use"?

1. Posting for sale on your website.
2. Posting for sale on listing sites.
3. Email/call those with a tangent interest (i.e. create a new brand).
4. Email/call those with a TM with your domain name in it (i.e. "richard michael shoes" 4/2/2013).
5. Email/call those with a TM of exactly your name for one or more classes (i.e. "michael" for dolls, 12/2/2004).

Anyone? Obviously there is a huge trade in actively selling domain names. So what gives? With a solid history, no infringements, ready to sell and start a new business -- must we discriminate against those with the most interest in buying by Not notifying them? Would claims of "extortion" carry weight?



 

Vjizzle

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Yeah, what Wilderbee said! Any help would be welcome. Thanks in advance and thanks Wilderbee for the granular additions to my initial questions.
 

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