Domain Name Issue - I got a domain with someone's name on it..

I registered a domain that is actually the name of a semi famous star. Not famous enough for me or anyone out there to recognize unless they were involved or watched a certain sport. I registered it cuz it was available and it sounded kinda cool. Now they send me a letter through domainproxy to ask for the name. What options do I have?

I wouldn't mind selling it to them for a resonable price, so would it be okay if i emailed them requesting that they buy it from me? Or does doing this help their case in getting it back?

Also if they aren't too famous, do I have to give them their name back?

And lastly, how much do you think it'll cost them to fight me legally for the name? And is there any cost incurred by me if I just sit around waiting for their lawyers?

Thanks for any help. We domainners have to fight for our rights! and stick together

 

Is the name some kind of trademark ??? i think you can contact them and ask them if they are interested in buying it...

 

tell them u will sell it to them and see what they say. if they say no, tell them u will keep it then. that' fair enough for everyone.

 

The last thing you want to do if offer to sell it to them - don't even ask for reg fee. It makes their case against you.

I'm guessing you don't have a legitimate claim to the name - so commercial use (using it to run ads or generate any money) is out of the picture. If you are using it as a pure fan site with no advertising, then you might have a chance to fight it.

If they decided to sue you in court, the expense to defend yourself through a court case would be a minimum of hundred thousand - probably a lot more.

They will probably file a UDRP to take the domain as this is the cheapest and fastest way to get a domain. The cost for an attorney to file a response would probably run about $3K to $5K.

You can either turn over the domain to them for nothing, or hope they don't sue you. It doesn't sound like the domain is worth fighting for, so I would probably turn it over and not risk any exposure.

Don't register domains in an attempt to make money off someone or some company name - it's likely going to be infringement and not worth the headache.

 

Thanks for the info. So I should ask them to pay me 1k for the domain and save their money from having to fight for it right?

 

They would murder you in court, hun. If you purchase the domain name and unless you have some sort of company that somehow ties into the name, which is highly unlikely, mjewel is very right: the only possible way you could maybe get away with keeping it is for a fan site. If you try and bribe that person for money, they can take you to court (and even if they are only semi-famous, they have the means to), and they would win the lawsuit, because it is their name. You don't have any legitimate ownership of that name, and therefore, you don't have right to the domain.

 

Well, so do trademark holders. But...that's if the semi-famous star has indeed
established trademark rights to the name.

If you're especially in the U.S., lookup cyberpiracy protections for individuals.
But if you're outside the U.S., then disregard that.

Unless you're able to convince the person why having to pay more than what
the actual registration fee is is arguably reasonable, what you last asked can
be used against you. Can, anyway.

One may feel they have the right to make money as they see fit. Another may
also feel they have the right to go after someone infringing their right.

Rights, shmrights...

 

Things like this leave me at a loss for words.

 

Trademarks do not have to be registered. You don't have to go and get one. If my name is John Smith, and someone owns johnsmith.com, unless their name is John Smith, or their company or purpose has something to do with that name, I have an almost assured case for winning in court. Normally, with trademarks, the rule in court is "whoever published it first" in reference to company names and content works. But names are a totally different thing. Not to mention this person can afford better lawyers.

 

Go wikipedia "Cybersquatting" (since my account won't let me post a URL yet)

What you're trying to do is called "name-jacking" and it violates the Anti-cybersquatting Consumer Protection Act, a federal US law. YOU will be the one who is fined for this.