legal First name / last name registrations risky, as GeorgePataki.com case proves

[Acroplex]

If you register or acquire domain names that match the first name / last name combination of people, living or dead, you are taking a big risk.

In particular, famous people with unique names can rely on common law rights to prove that they utilized their full name as a personal brand, even if they don't explicitly own a registered trademark.

In the case of the domain GeorgePataki.com, the ensuing UDRP reclaimed the asset on behalf of the Complainant, former NY governor George Pataki. The Respondent (ab)used the domain and passed off as the rightful owner, among other factors leading to the Complaint.

More details about the decision.

 

[maya-zir]

Mr. Nissan passed away. His family owns the name, with limited rights. If that name had belonged to Bob Smith, Nisan Corp would now own it.

the domain still belongs to Nissan family, and the site still describes the story of conflict with Nissan company and offers services.
i have no idea if they still offer those services or not, but the domain belongs to Nissan family

 

[mr-x]

the domain still belongs to Nissan family, and the site still describes the story of conflict with Nissan company and offers services.
i have no idea if they still offer those services or not, but the domain belongs to Nissan family

TM, established by using his name as his business. No different that G.P. using his name in his business(es).

 

[maya-zir]

Scenario. Nissan company tries to claim rights even though Nissan family registered it.
Scenario. Pataki family are claiming the domain could be used to represent them in a negative nature. Unless changed own name to fight it.
Scenario. Porn site uses exact persons name in a description gets a load of traffic then a lawsuit.
You don't need to only breach a trademark but follow the entire law there isn't one rule.

Scenario - Maybe you should read my comment before answering?
The domain is the virtual property of the person who first grabbed it.
But if you violate something or cause a problem with your site content - the site can be banned.
The site..
The domain still is the property of the person who registered it first.

 

[lock]

Scenario - Maybe you should read my comment before answering?
The domain is the virtual property of the person who first grabbed it.
But if you violate something or cause a problem with your site content - the site can be banned.
The site..
The domain still is the property of the person who registered it first.

So why not test your theory and combine names eg elonmuskzachzuckerberg I highly do not recommend this but discuss why this isn't a good idea.

 

[maya-zir]

So why not test your theory and combine names eg elonmuskzachzuckerberg I highly do not recommend this but discuss why this isn't a good idea.

Reg it if you want.
Who bother you?
But this domain in nonsense

 

[lock]

Reg it if you want.
Who bother you?
But this domain in nonsense

You can just win as only a lawsuit would convince you that defending yourself wont be free. Nissan family spent 10 million to keep it.

 

[lock]

I can reg it and no one will claim me nothing.

Then this thread wouldn't exist if it hasn't been an issue.

 

[lock]

Every one can reg it.
What you can't do is a build website confusing visitors, then your website can be blocked.
But you can reg this domain and create a site with musk and zuckerberg photos or write stories of thier success etc - no one will claim you remove the site.

Ok lets say with some seo and articles and a fan site that made no negative comments or mistakes they still claim you impersonate or summons and now have to spend money easy option is what they offer and decease as instructed which will you end up not having domain then go to court against someone with more money that doesn't even need to attend. I am not saying you can't make a brand or write a novel under another name just don't target it could be seen as blackmail eg trying to sell jimmyhendrix to family or madonna some paid some took domainers out.

 

[lock]

Believe me, both of them will not care if you reg that domain

The bots do all the work.

 

[Acroplex]

https://splc.org/how-to-respond-to-auto-generated-copyright-infringement-notices/
People also ask
What is a copyright infringement bot?
These bots indiscriminately generate infringement notices and send them to any website that hosts the copyrighted material, often demanding hundreds or thousands of dollars for each infringement. To many, these demands are intimidating and seem to come out of nowhere.

As a domainer i am all for domainers right of first in best dressed but there is also playing with fire.

First off, this is a case of trademark infringement, nothing to do with copyrights. See https://www.nerdwallet.com/article/small-business/trademark-vs-copyright for definitions.

There are tools to monitor daily domain registrations that scan e.g. the .com zone files. Once a specific keyword is picked a notice can be sent out.

In the case of GeorgePataki.com the UDRP was triggered most likely by its legitimate owner realizing (or rather, being told by his techs) that the domain was no longer under their control.

 

[maya-zir]

Go ahead and find out

Most domain investors don't want to waste time and money gambling on potential losses. There are rules in place, no matter how much we want to say it's a free for all, or a gold rush etc. It's not.

Already tried and sold.

 

[maya-zir]

Yes, everyone can register a domain - even if it involves a trademark or a common law mark. And just because you sold one such domain or many doesn't mean you should.

Most people I know would not be in violation of laws they are aware of, despite of their beliefs. In fact, knowingly infringing on a mark is the quickest way to lose a UDRP.

If, however, you want to brag about how you did it, I hear you, but there will be no congratulatory sentiment.

I told the law is stupid, and any name can't be TM.
I never told reg and sell TM domains.
We talk about the law and not about the domaining tactics.

 

[mr-x]

Btw, my name is TM, and I have no idea how would act Autodesk Maya if one day I decide to use my name + 3d related word.
Ok, this is a different case, but due to common sense, everyone can reg any domain, the problem must be only the website content, and the site can be blocked, that's all... But the domain is the property..

Ask Mr. Nisan's relatives what a name is worth and TM through use.

A TM is worth zilch if not used.

 

[maya-zir]

The name in question is a very specific name, and would be an extraordinary coincidence for you to just "like it", in the eyes of a court

I am no legal expert, so I do have my share of naivety on this. However, a case like this would be very conclusive. IMO

I repeat, the law of TM on domains is stupid and nonsense.
In theory, every one of us can reg any name even if it is not our own name.
But the website built on that name is another thing and it can be blocked.
But the domain name is legal property.

 

[maya-zir]

You can just win as only a lawsuit would convince you that defending yourself wont be free.

I can reg it and no one will claim me nothing.

 

[maya-zir]

Then this thread wouldn't exist if it hasn't been an issue.

Every one can reg it.
What you can't do is a build website confusing visitors, then your website can be blocked.
But you can reg this domain and create a site with musk and zuckerberg photos or write stories of thier success etc - no one will claim you remove the site.

 

[maya-zir]

Ok lets say with some seo and articles and a fan site that made no negative comments or mistakes they still claim you impersonate or summons and now have to spend money easy option is what they offer and decease as instructed which will you not having domain also or then go to court against someone with more money that doesn't even need to attend. I am not saying you can't make a brand or write a novel under another name just don't target it could be seen as blackmail eg trying to sell jimmyhendrix to family or madonna some paid some took domainers out.

Believe me, both of them will not care if you reg that domain

 

[maya-zir]

That's an opinion though, not an ability to counter the law.

I am too lazy to counter the law, but it doesn't mean that being the law, it can't be countered one day

 

[Etim Abasiama]

So what if some other guy comes out with same FNLN maybe older(older means he has the name b4 him) will the former governor also relinquish the name?

It's called oppression in my language, no two ways about this. For instance, My name is Abas yet I don't have abas // com. Am I the only person bearing the name, hell NO.

The former governor wasn't and isn't the only person bearing the name so why is he the only one to file a law suit to claim the name?

I see no justification here at all..

Answer: Bcos he knows the corrupt system will get it for him instead of going to buy it.

#Corruption

 

[maya-zir]

so stupid..
what's the next? banning from using specific letters?
maybe I dreamt of naming myself George Pataki and created a blog on this name, so what?
maybe I feel like George Pataki, why some individuals can feel like the opposite sex and we have to respect them, but when I feel like George Pataki (for example), they say it is cybersquatting?

 

[maya-zir]

What exactly is stupid? The decision, or the guy who thought it's ok to benefit from another person's established brand? Pataki has common law trademark rights in his name as an author, speaker, consultant, and attorney. It's easy to "absorb."

It's the same reason that you should not be registering e.g. Microsoft domains: Some company called Microsoft has established a brand and name for itself.

I'm beginning to think domain investors need a crash course in basic UDRP matters once in a while.

Domains are like ABC letters, you can reg whatever you want..
I don't see any problem..
You can't have any TM on your name..
But they can block the site if the content is against the exact person who are not the domain owner..
But the domain must be his property

 

[maya-zir]

Oh, what a revelation: Apparently you can have trademark rights in your name, particularly when it was used commercially. Just google "common law rights" if you don't want to believe me.

Law can be complex but as far as domain investing goes, the rules are simple: don't assume that a drop is safe to pick up. When in doubt, consult with an attorney.

there are a lot of stupid laws, no need to goggle them.
I expressed my own opinion, that domains are like ABC letters - maybe I like someone and reg his name, so what?

 

[maya-zir]

Oh, what a revelation: Apparently you can have trademark rights in your name, particularly when it was used commercially. Just google "common law rights" if you don't want to believe me.

Law can be complex but as far as domain investing goes, the rules are simple: don't assume that a drop is safe to pick up. When in doubt, consult with an attorney.

Btw, my name is TM, and I have no idea how would act Autodesk Maya if one day I decide to use my name + 3d related word.
Ok, this is a different case, but due to common sense, everyone can reg any domain, the problem must be only the website content, and the site can be blocked, that's all... But the domain is the property..

 

[maya-zir]

Every law can be stupid and nonsense.

 

[maya-zir]

TM, established by using his name as his business. No different that G.P. using his name in his business(es).

I don't understand what do you want from me.
I expressed my opinion which exactly says that all these kinds of claims are nonsense.
The domain was registered by Nissan family, so the Nissan company has no rights to it.