Can YOu Sue?

redz · 12-06-2005, 03:12 PM

Can you sue if someone uses your last name for their company?
say my name last name was google

and then some guy makes google.com, can i sue him?

RJ · 12-06-2005, 03:14 PM

Businesses can use whatever name they want so long as they're not infringing on someone else trademark. Are you using your last name for a business purpose?

redz · 12-06-2005, 03:16 PM

i was getting some thoughts but i dont think my name would make a good company

. I will look at the names in school and see some fancy ones lol.

RJ · 12-06-2005, 03:21 PM

Remember, companies can have the same name as other companies as long as they are in unrelated industries. And you don't have to be born with a name to use it for your business name. Samuel Adams (the beer company) wasn't started by anyone in the Adams family.

Just make sure the name isn't already being used by another company in the same industry. Check www.uspto.gov

redz · 12-06-2005, 03:25 PM

thnx for the info, will investigate some names for myself.

Jiblob · 12-06-2005, 03:56 PM

Originally Posted by redz

i was getting some thoughts but i dont think my name would make a good company

. I will look at the names in school and see some fancy ones lol.

So you want to sue for a surname... how greedy and selfish

I cant believe that that what is seriously comes into your mind.

Palyriot · 12-06-2005, 04:06 PM

I'd like to sue noggle.com, JUST for the domain name. (my last name)

RJ · 12-06-2005, 04:10 PM

Originally Posted by Palyriot

I'd like to sue noggle.com, JUST for the domain name. (my last name)

You'd have to prove 1) the current owner is using the name in bad faith, 2) the current owner has no legitimate reason for owning the domain name, and 3) that the name is identical or similar to a trademark you own, or identical or similar to a name famously attributed to you in some way

redz · 12-06-2005, 04:12 PM

Originally Posted by Jiblob

So you want to sue for a surname... how greedy and selfish

I cant believe that that what is seriously comes into your mind.

....no i said i was going to look for names in school that i can use.

Palyriot · 12-06-2005, 04:47 PM

They aren't doing anything bad with it, but I would die for noggle.com. That would be so cool. Would be a blog for me.

DomainSage · 12-06-2005, 08:05 PM

Originally Posted by -RJ-

Originally Posted by Palyriot

I'd like to sue noggle.com, JUST for the domain name. (my last name)

You'd have to prove 1) the current owner is using the name in bad faith, 2) the current owner has no legitimate reason for owning the domain name, and 3) that the name is identical or similar to a trademark you own, or identical or similar to a name famously attributed to you in some way

RJ has it exactly right. Basically it boils down to if you can prove they are using your name to gain an advantage from something you have done.
????: NamePros.com http://www.namepros.com/domain-newbies/145921-can-you-sue.html

But with anything like this it is best ( and really the only option ) to get real legal advice.

All the best.

Richard

Palyriot · 12-07-2005, 10:56 AM

RJ bought me noggle.info lol. That's awesome. Everyone be expecting a full information page on ME!!!!

zanzan · 12-07-2005, 11:13 PM

wow... nice but dun see the page working.. lol

Palyriot · 12-07-2005, 11:14 PM

yah, not using it yet.

**-Nick-** · 12-08-2005, 05:33 AM

No you cannot bcoz it can also be his lastname

Shorty · 12-08-2005, 10:27 AM

My surname is White. Reckon I can sue the owner of white.com? Methinks not.

p.s Noggle...what a name. (sorry!)

fonzie_007 · 12-08-2005, 11:04 AM

The guy using my last name just has the domain forwarding to another site... and won't sell the domain. Somewhat frustrating...

Palyriot · 12-08-2005, 03:58 PM

Originally Posted by Shorty

My surname is White. Reckon I can sue the owner of white.com? Methinks not.

????: NamePros.com http://www.namepros.com/showthread.php?t=145921

p.s Noggle...what a name. (sorry!)

haha, everyone I've ever met absolutely loves my last name...weird.

Jiblob · 12-08-2005, 04:31 PM

Woah, Ive never every been on White.com. Ive been through the colours to see the websites for all but white. Its wierd how I forgot about white.com!

I want white.com, Im going to sue because its my school friends last name

redz · 12-10-2005, 03:43 PM

Originally Posted by Jiblob

Woah, Ive never every been on White.com. Ive been through the colours to see the websites for all but white. Its wierd how I forgot about white.com!
????: NamePros.com http://www.namepros.com/showthread.php?t=145921

I want white.com, Im going to sue because its my school friends last name

their are millions of whites out their, my name is like 7-8 letters so that is why i can sew cause no one else would have my last name. Polish names are diffrent than american. My last name ends with ski like most other polish names. I dont know if you were trying to be sarcastic or not but it sounds like you are making fun of my post by saying im going to sue because its my shool firends last name.

DomainSage · 12-10-2005, 05:44 PM

Hey redz,

It really boils down to the use of the name, if you have it TM then it will probably not be a problem as long as you can show the owner of the domain registered it in bad faith ( in other words they are trying to profit from some business you set up ).

If it just happens that a company was set up with your name then I doubt you will be able to get anywhere.

A few more details would be usefull, however in things like this it is always best to consult your solicitor.

All the best

Richard

12-06-2005, 03:12 PM	THREAD STARTER #1 (permalink)
redz Account Suspended Join Date: Oct 2005 Posts: 1,285	Can YOu Sue? Can you sue if someone uses your last name for their company? say my name last name was google and then some guy makes google.com, can i sue him?

12-06-2005, 03:14 PM	#2 (permalink)
RJ NamePros Webmaster Join Date: Feb 2003 Posts: 12,930 Follow @DomainBuyer	Businesses can use whatever name they want so long as they're not infringing on someone else trademark. Are you using your last name for a business purpose? __________________ @DomainBuyer facebook

12-06-2005, 03:21 PM	#4 (permalink)
RJ NamePros Webmaster Join Date: Feb 2003 Posts: 12,930 Follow @DomainBuyer	Remember, companies can have the same name as other companies as long as they are in unrelated industries. And you don't have to be born with a name to use it for your business name. Samuel Adams (the beer company) wasn't started by anyone in the Adams family. Just make sure the name isn't already being used by another company in the same industry. Check www.uspto.gov __________________ @DomainBuyer facebook

12-07-2005, 11:13 PM	#13 (permalink)
zanzan NamePros Regular Join Date: Nov 2005 Posts: 392	wow... nice but dun see the page working.. lol __________________ Sympearl Creative Solutions

12-08-2005, 05:33 AM	#15 (permalink)
-Nick- I'll do it Join Date: Dec 2005 Location: India Posts: 6,927 Follow @keralpatel	No you cannot bcoz it can also be his lastname __________________ Delq\|Fhur\|Kegh\|Vhir\|Juhy\|Ruuz\|Jyos\|Jupt\|Vhek Webmaster Blog \| Software Downloads Makeup & Beauty Tips \| Sponsor Ads

12-06-2005, 03:16 PM	THREAD STARTER #3 (permalink)
redz Account Suspended Join Date: Oct 2005 Posts: 1,285	i was getting some thoughts but i dont think my name would make a good company . I will look at the names in school and see some fancy ones lol.

12-06-2005, 03:25 PM	THREAD STARTER #5 (permalink)
redz Account Suspended Join Date: Oct 2005 Posts: 1,285	thnx for the info, will investigate some names for myself.

12-06-2005, 04:06 PM	#7 (permalink)
Palyriot NamePros Regular Join Date: Jul 2004 Location: Seattle, Wa Posts: 596	I'd like to sue noggle.com, JUST for the domain name. (my last name)

12-06-2005, 04:47 PM	#10 (permalink)
Palyriot NamePros Regular Join Date: Jul 2004 Location: Seattle, Wa Posts: 596	They aren't doing anything bad with it, but I would die for noggle.com. That would be so cool. Would be a blog for me.

12-07-2005, 10:56 AM	#12 (permalink)
Palyriot NamePros Regular Join Date: Jul 2004 Location: Seattle, Wa Posts: 596	RJ bought me noggle.info lol. That's awesome. Everyone be expecting a full information page on ME!!!!

12-07-2005, 11:14 PM	#14 (permalink)
Palyriot NamePros Regular Join Date: Jul 2004 Location: Seattle, Wa Posts: 596	yah, not using it yet.

12-08-2005, 10:27 AM	#16 (permalink)
Shorty Senior Member Join Date: Sep 2005 Location: England Posts: 1,034	My surname is White. Reckon I can sue the owner of white.com? Methinks not. p.s Noggle...what a name. (sorry!)

12-08-2005, 11:04 AM	#17 (permalink)
fonzie_007 NamePros Expert Join Date: Nov 2005 Location: LLL.us City Posts: 6,358	The guy using my last name just has the domain forwarding to another site... and won't sell the domain. Somewhat frustrating... __________________ Feeling achy? · ACL Injury Information · Indian Recipes

12-08-2005, 04:31 PM	#19 (permalink)
Jiblob Senior Member Join Date: Dec 2004 Location: .co.uk Posts: 2,243 Follow @coultonluke	Woah, Ive never every been on White.com. Ive been through the colours to see the websites for all but white. Its wierd how I forgot about white.com! I want white.com, Im going to sue because its my school friends last name __________________ :hi:

12-10-2005, 05:44 PM	#21 (permalink)
DomainSage NamePros Regular Join Date: Oct 2003 Location: Venus ( everyone goes to Mars :) Posts: 826	Hey redz, It really boils down to the use of the name, if you have it TM then it will probably not be a problem as long as you can show the owner of the domain registered it in bad faith ( in other words they are trying to profit from some business you set up ). If it just happens that a company was set up with your name then I doubt you will be able to get anywhere. A few more details would be usefull, however in things like this it is always best to consult your solicitor. All the best Richard __________________ As we slide down the banister of life, may the splinters never point the wrong way. ~~~~~~~~~~~~~~~~~~~ http://DomainSage.com COSHH information

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