advice First And Last Name Domains - Are They Ethical?

[Omar Negron]

First and last name domains are a type of domain that I love buying. But some other people think that these types of domains should not purchased.

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What do you think about First and Last Name domains? Ethical or not?

 

[Jurgen Wolf]

Regarding me...
I take only First or only Last.

 

[Name Trader]

Of course. I have several spellings of my first (full and abbreviated) and last name in .com. All of which are taken as first and last names in .com. Not by me, because they are owned as brands I haven't put them to any good use though

 

[Ategy]

@Jurgen Wolf .. I think you misunderstood the purpose or this thread .. this discussion is regarding domains that are a combination of First+Last names (not separate) .. I think everyone is in agreement that most either First *OR* Last names alone are generic enough to be relatively safe (unless a domainer is dumb enough to have content or advertising related to an actual business using the name/mark in question).

Many brands (company names) are feminine given names...

Yes .. I agree .. I actually have a small number of such names (obscure-ish first names)

And it is 100% ethical because even by UDRP they are considered as generic domains.

That is most definitely not accurate. There has even been at least one case where a domain was taken away from someone with the exact full name (and yes .. certainly cases where they haven't .. but just saying it's not always taken for granted depending on the case).

So if it it isn't your full (FIRST + LAST together) name (or the full name of someone you represent), and there is someone with that exact full name working as an entrepreneur with their name .. then they most certainly would have trademark rights over you .. unless of course you are actually operating a real business operating under that full name .. that's when I'd agree you have TM rights .. but not if you're just holding the name for resale while NOT operating a business using that specific First+Last name as the brand/mark.

I agree, UDRP cases are possible with very popular celebrities if exact combination FirstLast.
No problems in all other cases.

Why just "celebrities"? It seems everyone should have the right to use their own name. And to use the web address if it is not being used by another (for legitimate reasons).

Regarding me... I take only First or only Last.

Me too .. lol .. I see nothing wrong with that .. particularly if they are generic not-made-up names.

 

[Jurgen Wolf]

Because "bad faith" in case with celebrities is significantly easier to prove.
Everyone has no any chances via UDRP.

 

[Name Trader]

Because "bad faith" in case with celebrities is significantly easier to prove. Everyone has no any chances via UDRP.

I think you can't prove bad faith in the case that the celebrities name and your name are the same, and you are actually using the domain, with content not related to the celebrity. Some celebrities have common first and last names.

 

[Jurgen Wolf]

For example, Ukrainian multibillionaire Rinat Akhmetov lost UDRP regarding Akhmetov.com

 

[Ategy]

I really comes down to first usage of commercial purpose.

But in that case .. the other person who wants the domain because it *IS* their name .. very likely is indirectly using their name as a brand already .. so unless the domain is already operating a business .. then first use goes in their favour.

*IF* you registered a first/last name and started a business using that name .. then you should have no problem if it's a legit business. The standards for good faith might be a little higher in this case to make sure it's not just some shell ghost business .. but as long as it's done in good faith .. AND MOST IMPORTANTLY .. not in the same TM category as a pre-existing business used by someone with same name .. then you're fine.

Usage is a VERY important factor in TM claims.

 

[Ategy]

For example, Ukrainian multibillionaire Rinat Akhmetov lost UDRP regarding Akhmetov.com

Again .. this discussion has nothing to do with First Names alone .. or Last Names alone.

It is a discussion on FULL NAMES (First+Last names together) ..
ie: discussion about RinatAkhmetov.com ...
not about Rinat.com .. and not about Akhmetov.com

 

[Jurgen Wolf]

And what's next???

I like discussions where readers can receive the detailed and full answers.
Not just partially.

 

[Ategy]

And what's next???

I like discussions where readers can receive the detailed and full answers.
Not just partially.

What do you mean? As I said earlier on in this discussion .. I'm pretty sure everyone is in agreement that just first names alone or just last names alone are more than generic enough to be considered ethical. The sum combination of First+Last names together are significantly more specific however .. and as such much more debatable as the ethical merits of holding such specific domains are a completely different argument from just a single name alone.

I'm not saying they shouldn't be discussed if you want to .. but it's a very different discussion (for a different thread) as single names alone are significantly less precise and much more generic than First+Last names together.

As I also said above .. I agree with you 100% for single names .. Personally I think single names are more than fine and should indeed be considered generic .. but again .. different discussion.

Even if you want to continue discussing them here I can't/won't stop you .. lol .. but bear in mind that every time you use "they" or refer to "those domains" .. people will wrongly think you are referring to First+Last full names together (as posting in the first post) .. when you are talking you are actually talking about just single names alone. Which I'm pretty sure wasn't your intention?

 

[Andrew Knox]

As others have said as one as it isn't targeting a specific end user I think its OK. Particularly if it is a common name. I actually have a couple of celebrity names that I regged to prevent squatting/to donate to the celebs but getting them to take them has been tricky :p

 

[Omar Negron]

I actually have a couple of celebrity names that I regged to prevent squatting/to donate to the celebs but getting them to take them has been tricky :p

Yeah I have a common First/Last name domain that happens to be a semi popular celebrity. I didn't buy it for that though, I knew it was a common name overall.

I offered it to them for FREE and they never got back to me...lol.

 

[Ategy]

Yeah I have a common First/Last name domain that happens to be a semi popular celebrity. I didn't buy it for that though, I knew it was a common name overall. I offered it to them for FREE and they never got back to me...lol.

If you offered it to them for free and they didn't reply .. then everything I said above does not apply .. and the domain is 100% fair game .. lol