Need Advice - Last Name Domain, but Last Name is Trademarked

[barrysanders]

I bought a domain name that is a last name. But the last name is also trademarked and a commonly known trademark at that. I would think fair use would say a domain that is a common last name anyone can own, but how does that factor into a company owning the trademark on the last name?

Example: If a company's name was Smith and they had the trademark for Smith, but Smith is a common last name, can you own the domain or would you run a good chance of losing it in a UDRP?

And am I correct in assuming if you ever approach them to see if they are interested in your domain you are basically shooting yourself in the foot?

 

[chipmeade]

You can use it so long as you don't infringe on their business. Any hint of intent to associate with that TM is infringement. Don't approach them.

 

[Cartoonz]

unless the name is YOUR last name, forget it.
even then, it could be dicey.