Personal names

[Mythios]

What are the laws and regulations on registering personal names? I understand that the probability of registering a first name like Jack.com or Bobby.com is more generic than attaching a last name to it, but what are the rules?

Would, say, Jack.com have the same protection of being generic as JackSmith.com? Or possibly JackNicklaus.com?

Same for something like Bobby.com. Would the chances of getting one ripped away from the real "Bobby Brown" have a high likelihood of success?

There are probably uncountable Bobby Browns around, but to take it a step further, how would an obscure name like BurgessMcKinney.com (just an example!) come to play with the registering of personal names and the legality of holding onto one of them even though it is not your name at all? I've always wondered about this area and never fully understood the grounds on this issue.

 

[pljones]

Take a look at 15 USC §1129, at http://www4.law.cornell.edu/uscode/15/1129.html, and Paul Wright v. Domain Source, Inc., 2002 U.S. Dist. LEXIS 16024, 02-C-2525 (N.D. Cal. Aug. 28, 2002) at http://www.lextext.com/5109579_14.pdf

The situation is different is the domain name is just a first name, rather than a full personal name. But there are plenty of cases involving personal names and several posters on this board can speak further on this topic.

 

[draqon]

When it comes to first names like Bob.com or Sue.com you are very very safe. The WIPO panels have repeatedly found that those qualify as generic names. Even very descriptive and famous names like Sting.com and Madonna.com are still generic according to WIPO.

As for full names like JackNicklaus.com it depends on how you use the site. If you make a fan page for the guy then you are probably safe. If you say 'this page is for sale' you are in trouble. Even obscure names like BurgessMcKinney.com can be fine if you handle it properly.

 

[Ari Goldberger]

If the first name is your own name, then it is clearly protected under the UDRP since you are known by the name. Otherwise, a first name is comparable to a common word. Here are two first name personal decisions and one last name.


TAMMY.COM: Here, the owner was not known by the first name and used it for an adult web site.


DONNA.COM: Here, the owner's first name was Donna (although there was an issue with respect to a third party tech. host being listed as the registrant).


DRTAVEL.COM: This was a real strange one. The owner of the domain name was a lawyer who referred to himself as Dr. because he had a Juris Doctor degree. His father owned a trademark for Dr. Tavel for a line of optical shops and sued him! The son prevailed.

http://www.arbiter.wipo.int/domains/decisions/html/2000/d2000-1654.html


http://www.arbiter.wipo.int/domains/decisions/html/2001/d2001-0875.html



http://www.arbforum.com/domains/decisions/96478.htm

 

[Ari Goldberger]

Even very descriptive and famous names like Sting.com and Madonna.com are still generic according to WIPO.

Unfortunately, the domain owner lost the Madonna.com case, although it was appealed in federal court and subsequently settled.

 

[Mythios]

I remember that about Madonna.com, I was fairly sure she got that regardless of it being a generic name.