Can YOu Sue?

[redz]

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]

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]

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]

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]

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

 

[MadAboutDomains]

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

 

[Palyriot]

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

 

[RJ]

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]

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

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]

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.

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

All the best.

Richard

 

[Palyriot]

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

 

[zanzan]

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

 

[Palyriot]

yah, not using it yet.

 

[Keral_Patel]

No you cannot bcoz it can also be his lastname :D :D :D :D

 

[Shorty]

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

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

 

[fonzie_007]

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

 

[Palyriot]

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

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

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

 

[MadAboutDomains]

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 :hehe:

 

[redz]

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 :hehe:

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]

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