if I got a domain name for example: mikemcgrady.com. and I had it for a while. Then all the sudden a rapper or athelete whos name is Mike McGrady is trying to hijack my domain name What would happen? would I lose my domain ?
so if it was like a blog or something? I just cant believe that if i had content and worked on it and then somehow somebody famous with the same name can come up and snatch it
In the eyes of the law you would need to show some valid reason for choosing the name in order to prove you were not cyber squatting. In fairness I think providing you could prove that the site was an active site and always had been you would be unlikely to lose the site. A far more likely scenario is the famous rapper or whatever would make you an offer which is why people cyber squat in the first place.
With a few exceptions, basic names by themselves cannot be copyrighted or trademarked. That being said, the lack of the ability to copyright/trademark does not equate to a lack of protection for the famous. Issues that would be looked at in a dispute: Is that your name as well? (I'm not asking, just saying that would be asked) - If it is, it can be much harder for the famous person to take it. Did you have the domain registered before or after that person was known. Is the site about the famous person or does the content lead people to believe it is connected with the famous person? Does the site have content at all or is it an MFA type site that is intended to bring in revenue through name recognition? These are some of the issues that would be looked at in a dispute. The more obvious it is that the site is designed to profit from some one else's name, the more likely you are to lose a dispute.
mikemcgrady isnt my real name, just an example I used a combination of my two middle names for a domain name for my blog. I registered it 4 years ago. However, i searched it on google a few days ago and a up and coming rapstar has the same name ( he hasnt released a cd yet) the content is in no way related to the rapper or the music industry
I didn't think mikemcgrady was the name you were talking about. Since the name is made up of parts of your name, you have had it registered before the rapper was known, and your site has no relation to his industry, I would say that you are safe.
Considering you're using a combination of your names there's no way he's gonna take your site from you... especially if yours is an active site and has been for some time. He's not even famous YET. I'd like to be in your position actually: when and IF he really gets famous you can make a tidy sum indeed
Regardless of what may happen in the future, the name you use is you. Nobody can take that away. Cyber squatting laws were passed so the fat cats, read corporations, could stay fat by not having to pay to buy their name because they were too slow to register their own names . Remember virtual real estate is new - at least by law standards. What this means is what may be the law today will be tweaked and pinched and rattled until the dust shakes out. The short of it is, you own you even if "you" are represented by VRE. Do a google search on cyber squatting and I bet you find the latest in case law. For now, that should help. Tom