"Real name" domains - legal?

Discussion in 'Domain Names' started by Err0r, Mar 2, 2007.

  1. #1
    Hi,

    I was wondering if it is legal to register others' real names as domains?

    For instance, if I knew a guy called "John Smith" and I registered johnsmith.com - can he claim it back by law?
     
    Err0r, Mar 2, 2007 IP
  2. tke71709

    tke71709 Peon

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    #2
    If he was a famous John Smith and you were using the site as a fan site or the like for him, then perhaps.

    Otherwise, no.
     
    tke71709, Mar 2, 2007 IP
  3. Err0r

    Err0r Active Member

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    #3
    Anyone else care to comment?
     
    Err0r, Mar 2, 2007 IP
  4. Brandon Sheley

    Brandon Sheley Illustrious Member

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    #4
    if someone registered my full name, I would certainly seek legal advice to have it removed.
     
    Brandon Sheley, Mar 2, 2007 IP
  5. xc06

    xc06 Notable Member

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    #5
    the prob is : maybe the name owned by thousands...(include family name), I know in some coutry, it is very common.
     
    xc06, Mar 2, 2007 IP
  6. peehed

    peehed Peon

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    #6
    wasnt there a case with the footballer wayne rooney? a fan did exactly that and rooney got it taken off and given to him.

    the problem is how many people have the same name!!!!
     
    peehed, Mar 2, 2007 IP
  7. shopperx

    shopperx Peon

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    #7
    Thats right, if the person is famous he/she can take away the domain claiming bad faith registration.

    Now if you had the domain before the person was famous (or the TradeMark was established) and your site doesn't relate to the famous person you will be winning the dispute.
     
    shopperx, Mar 2, 2007 IP
  8. CasualNerd

    CasualNerd Active Member

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    #8
    Someone has MyName.com and it's his name too. I guess we have equal right to it, but he bought it first so he keeps it.
     
    CasualNerd, Mar 2, 2007 IP
  9. Err0r

    Err0r Active Member

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    #9
    So basically, if it's a common name it's OK?

    Even if it's not my own.
     
    Err0r, Mar 3, 2007 IP
  10. eddy2099

    eddy2099 Peon

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    #10
    Well, I believe in the end, it all is determined by intent'. Like why did you register the domain name in the first place ?

    If you registered a domain name and then talk about that person or try to profit from that person's name then you may in the wrong. It does not matter if the person is famous or not but then again there are a higher probability of people registering famous people name to profit from it, either by taking advantage of their frame or by trying to sell back the name to that party.
     
    eddy2099, Mar 3, 2007 IP
  11. DesiredName

    DesiredName Peon

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    #11
    Exactly. Of course, the complaint process to ICANN costs a healthy chunk of change, so it doesn't usually come up unless you are registering yahoo or walmart or maybe elvis domains. Even these you can own... just don't try to use them or offer to sell them to the trademark owner, lol. The primary point that needs to be made here is that you probably aren't going to be doing yourself any good by registering domains like these.
     
    DesiredName, Mar 5, 2007 IP