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Is name a trademark?

Discussion in 'Legal Issues' started by sam1, Feb 8, 2007.

  1. #1
    I want to know if the name is a trademark.
    SEMrush
    For example there is a famous person xyz
    then can i have the domain www.xyz.com

    Edit: oops, I put this post in a wrong section. I am very sorry mods, Please move it to domain section
     
    sam1, Feb 8, 2007 IP
    mwtrag likes this.
    SEMrush
  2. soju

    soju Peon

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    #2
    I think this is a bit of a sketchy area. I mean, who's gonna trademark johnsmith or michaeljones etc? This is just based on my opinion, I have no legal knowledge on this, but it's a good question.
     
    soju, Feb 8, 2007 IP
  3. sam1

    sam1 Active Member

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    #3
    but imagine if the person is very famous like bill gates or britney spears
    and they haven't trademarked their name yet, and now if i get the domain name www . britneyspears . com or www. billgates. com (assume it, though almost impossible)

    and if in future they trademark their name, so they can snatch my domain from me?
     
    sam1, Feb 8, 2007 IP
  4. mr.biz

    mr.biz Active Member

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    #4
    I think -but I'm not sure- that you can't trademark a REAL name, for the fact that you're not the only one to "own" it (I mean: you may call yourself michael jordan, but I might have the same name!).
    Notwithstanding this I think that if you call yourself "michael johnson" you'd betta not to register, for example "www. bill gates . com" for the fact that, if he'd decide to throw away some money in order to sue you, you'll loose as -calling himself bill gates- he may seem to be more rightfull than you to own that domain.
    Obviously, if you call yourself "michael johnson" you can register www. michael johnson. com and sleep peacefully, for sure :D

    Mmmh...it seems to me I've been a bit writhed, but I hope you'll understand what I meant...:rolleyes:

    Cheers
     
    mr.biz, Feb 8, 2007 IP
  5. gingeman

    gingeman Peon

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    #5
    You cannot trademark a proper noun I believe, but in the scenario you are talking about, if say you owned britneyspears.com - she would definately have a good chance of being able to take the name from you if she wanted to, unless your own name was Britney Spears too.
     
    gingeman, Feb 8, 2007 IP
  6. gauravjain26

    gauravjain26 Peon

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    #6
    as far as i know
    you can trade mark nouns whatever it is but you cant go for adjecives

    means you have have domain like "assignment.com" but not "perfect.com"

    i have read it somewhere
     
    gauravjain26, Feb 8, 2007 IP
  7. AlienGG

    AlienGG Banned

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    #7
    They CAN trademark personal names. A lot of Nascar drivers have trademarked their names.
     
    AlienGG, Feb 8, 2007 IP
  8. rajanurs

    rajanurs Well-Known Member

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    #8

    imo you will be walking on thin ice by registering a domain of the name of a famous person [especially if it is very unique] and he wants the domain or does not want others to use it.
     
    rajanurs, Feb 8, 2007 IP
  9. FanAddict

    FanAddict Notable Member

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    #9
    Yes it is a trademark issue if the person is famous, as that name IS thier "trademark"

    IMO - if they ever want the domain from you, ask them to make an offer. Most will give you more then reg fee for it, as they don't want to go to court and spend thousands trying to reclaim it.

    If you are making a fansite out of it, make sure it's GOOD publicity for them, not bad ie sex tapes... most celebs hate that kind of website.

    Also, don't park it, iv heard that's bad.... no experience in that though.
     
    FanAddict, Feb 8, 2007 IP
  10. ikunal

    ikunal Peon

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    #10
    ikunal, Feb 8, 2007 IP
  11. tigrrra

    tigrrra Well-Known Member

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    #11
    depends what ur site says about that person also is it + or - for the person
     
    tigrrra, Feb 8, 2007 IP
  12. iBoy

    iBoy Well-Known Member

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    #12
    Yes ... very true ... but there are certain conditions to it ....

     
    iBoy, Feb 8, 2007 IP
  13. damnidunno

    damnidunno Well-Known Member

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    #13
    alot of famous people trademark their names. such as michael jackson for an example. He owns the rights to his name :p

    but if its a unique name such as Seyeko, (nickname i used alot) then you can trademark it, but it'd be hard to trademark Steve or john haha.
     
    damnidunno, Feb 8, 2007 IP
  14. tigrrra

    tigrrra Well-Known Member

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    #14
    true i agree is ^
     
    tigrrra, Feb 8, 2007 IP
  15. dealne

    dealne Peon

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    #15
    well, I guess if your name is att, mci, or sprint, that would make it a trademark... just kidding
     
    dealne, Feb 25, 2007 IP
  16. Maneel

    Maneel Peon

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    #16
    It is a violation of law unless of course, you have the same name:)
     
    Maneel, Feb 26, 2007 IP
  17. Dave Zan

    Dave Zan Well-Known Member

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    #17
    If people are still asking about this, the link ikunal posted gave a few clues:

     
    Dave Zan, Feb 26, 2007 IP