NameSilo

.COM Name of Prominent Person (very unusual name)

Labeled as strategy in Domain Parking and Traffic Monetization started by SamuelNYC, Dec 1, 2019 at 7:58 PM.

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  1. SamuelNYC

    SamuelNYC Established Member

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    Hello all!

    Let's say someone owns the .COM name of a Prominent Person that happens to be a very unusual name (but of course there are others with that name):

    What would be some of the best options for "monetizing" that?

    All considered opinions welcome! Tx!
     
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  2. Rob Monster

    Rob Monster CEO, Epik Epik.com Staff PRO Gold Account VIP

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    Set it to "Make Offer" or "Contact" and let them come to you. Be prepared to hand it over. You can meet some cool people this way but stay classy.
     
  3. SamuelNYC

    SamuelNYC Established Member

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    Thanks Rob! Here's what occurs to me as an interesting question, perhaps some others might find it interesting as well: obviously at least a few other non-prominent people share this Prominent person's name though it is rare, why would the Prominent person have a greater claim than any of the others, and why shouldn't they all have a shot at it, lol? Tx! (And "following" you.)
     
    Last edited: Dec 1, 2019 at 10:35 PM
  4. NameDeck

    NameDeck Design. Develop. Deploy. VIP

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    The bigger question is, why is it still available? Was it ever registered? dropped? Personally I'm not a fan of registering people's name but good luck!
     
  5. DigitalRoar

    DigitalRoar Established Member

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  6. SamuelNYC

    SamuelNYC Established Member

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    Thanks for reply! It is NOT still available, and hasn't been for a while, not on the open market anyway, lol. Prominent and high-net-worth person. But pls also see my followup question.
     
  7. SamuelNYC

    SamuelNYC Established Member

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    Very insightful question. Simply because I am not fully appraised of all the possible "implications" of mentioning it on a Public forum, lol.
     
  8. NameDeck

    NameDeck Design. Develop. Deploy. VIP

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    Well, that's a more complicated matter. Really depends on the name, circumstances. But yeah, basically everybody deserves a shot at owning their own name.

    I'm with Rob on this one. Park, add a BIN and/or make offer and chill :)
     
  9. SamuelNYC

    SamuelNYC Established Member

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    Thanks! I'm a big fan of complicated questions, having a legal background, totally open to learning what other Specifics of such a situation are relevant.

    And how exactly would "everybody deserves a shot at owning their own name." work in practice? Thanks!
     
    Last edited: Dec 1, 2019 at 11:10 PM
  10. Ategy

    Ategy NameCult.com Gold Account VIP

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    From shortly after I started domaining I've been of the mind that acquiring anyone's full name is wrong (unless deceased or a political figure).

    Beyond that there's also this for Americans or those who use an American based registrar:
    https://www.govinfo.gov/content/pkg/USCODE-2012-title15/html/USCODE-2012-title15-chap107-subchapII.htm

    SUBCHAPTER II—CYBERSQUATTING PROTECTION
    §8131. Cyberpiracy protections for individuals

    (1) In general - (A) Civil liability
    My advice to all .. stay away from full names. Whether it's legal or not is really besides the point .. as ethically you're targeting a domain because someone has that name. It's effectively what gives the domain industry a bad reputation. People come up with all sorts of creative arguments about how to justify holding such domains, but in the end it's cybersquatting 99%+ of the time unless it's also your actual full name.

    That being said .. if it's a dead person .. even a famous one .. then I personally couldn't care less because that person can no longer make money (yes the argument can be made that the person's estate is still a legal entity .. but the actual person is dead, so at least morally I don't have issues .. although there still could be legal ones technically)

    When it comes to politicians it gets a bit trickier .. because the site could be acquired by an end user who does not intent to profit financially from the domain (political criticism). So for politicians it is a bit more complex, and I'm not as morally opposed (as long as you aren't fraudulently making money pretending to be or represent the person .. which includes advertising/affiliate income and most forms of monetisation).


    Definitely do NOT monetise any full name that is not your own, or of anyone with whom you do not have a legal contract that permits you to do so.


    That being said .. I think first names (alone) and last names (alone) are great investments and totally generic enough to justify holding as potential generic brands (as long as the name isn't extremely unique)..
     
  11. Lox

    Lox ----- Gold Account VIP

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    Auto-answer; reputation factor (doesn't have anything to do w the net-worth). If you're in need to protect your brand or family name, you'll find a way to collect $ .

    Regards
     
  12. Brands.International

    Brands.International formerly lolwarrior Gold Account VIP

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    My personal advice (with only limited information you gave here) would be to stay away from this completely (let the name drop, or have it deleted, if your registrar enables this option).

    You can make money in domaining in much more ethical, legal and (after all) also an much more elegant way :)

    Also, by doing things legally and ethically, you limit your own risks (as what seems to you as an opportunity might turn into disaster if you do not know exactly what you are doing)

    Just imo.
     
  13. Ategy

    Ategy NameCult.com Gold Account VIP

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    People with the same name DO have a shot at it! But because each domain is unique, it's first come first served. That being said .. if you do not share the same full name .. then you have no rights to it. If you acquire it based on the fact you think others will value it because of the people who share the name, then you are cybersquatting. PERIOD.

    Beyond that .. there are also trademark issues that come into play.

    For example, you could be named "Louis Vuitton" .. and as long as you're using your name in business, then you also have active trademark rights on that domain (YES .. you have TM rights even if you did not register it with a trademark office). But either way (even without an active trademark) you can keep and use the domain .. BUT .. you can NOT impede on "Louis Vuitton" (the clothing company's) trademark rights .. which essentially means that you can not use the domain in any way related to clothing (or any other trademark class within which Louis Vuitton operates commercially).
     
    Last edited: Dec 1, 2019 at 11:56 PM
  14. SamuelNYC

    SamuelNYC Established Member

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    Thanks for response! The part that actually applies is: "That being said .. I think first names (alone) and last names (alone) are great investments and totally generic enough to justify holding as potential generic brands (as long as the name isn't extremely unique).." Any further input based on that is welcome. Tx!
     
  15. SamuelNYC

    SamuelNYC Established Member

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    Reply: Domain name in question is not used as a Brand, and if others with same name "DO" have a shot at it as you want to put it, why shouldn't others with same name be invited to Bid on it, lol?
     
  16. SamuelNYC

    SamuelNYC Established Member

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    Reply: There is nothing not "ethical" in a Capitalist system about buying something for Resale as long as it doesn't clearly violate any laws. And the name in question is not being used as a protected Brand.
     
  17. Ategy

    Ategy NameCult.com Gold Account VIP

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    When it comes to cybersquatting laws and trademarks you really need to be VERY precise with what you say. You started this thread with no details .. as such .. ALL subsequent answers are just guesses (including my own)

    There is a HUGE difference between "First+Last Name" and just "First Name" (alone) or "Last Name" (alone).

    That being said .. there are still plenty of grey zones even with one words/names. NEVER EVER take advice on what to do with a specific domain from someone who does not know the exact domain AND know the circumstances and specifics of the potential conflicting name/brand.

    A big factor is uniqueness .. because at the end of the day it's a judge or UDRP panellist who is going to judge whether or not you registered the domain in bad faith or not.

    Also remember that a name/mark does not need to necessarily be considered a trademark .. PARTICULARLY when it comes to names. The moment someone uses a "mark" in commerce, it is effectively a trademark even if unregistered. So if you use your name for business purposes, even something as simply as putting in in your email signature can potentially qualify that as being your "trademark" (within the specific class and territory) .. just as it could potentially put you in conflict with someone's trademark.

    To further complicate things .. business can most certainly use single names (first or last) as trademarks .. even if it's just a random name.

    My advice .. 100% DO NOT register any potentially conflicting domains until you have learned much more on trademarks, UDRPs and how both relate to domains. There's TONS of information on the subjects all over NamePros! :)
     
  18. Mister Funsky

    Mister Funsky Top Member VIP

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    I didn't read the full thread but you should never monetize the name of a famous or pseudo famous person. It makes it way easy for them to take it.

    You can make legitimate a fan site, but short of that simply list it for sale. I've got quite a few names (two names only...not three or 'full' names) and have sold some in the past.

    Just got a lowball offer on a name from a goddy 'broker' I bought because my niece was pregnant and wanted to use the two names as the first two names of her child...of course she changed her mind after the baby was born because 'the name doesn't fit" her?!?!? My counter for the name was 15k in reaction to the lowball offer so they closed negotiations...lets see if the wanna be star wants to do battle for it.
     
  19. SamuelNYC

    SamuelNYC Established Member

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    Reply: Thanks Mister Funsky, and I guess I was using the word "monetize" in a broader sense, meaning any way of leveraging it for reasonable $, whether through any kind of use or lease or outright sale.
     
  20. SamuelNYC

    SamuelNYC Established Member

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    Response: Thanks, feedback appreciated, and will read up on relevant info on NamePros as suggested. I did try to provide more info as people were pointing out exactly what factors are important, so for example regarding your comment about Full names, I mentioned that it was not a Full name, a Full name situation would have probably made the answer too easy. :)
     
  21. frank-germany

    frank-germany domainer since 2001 / musician Gold Account VIP

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    I would love to buy my own name
    but I own it already ;)
     

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