advice Name+Surname.com of popular singer

[maya-zir]

A few days ago I bought at GD closeout a domain Name+Surname.com of popular latin singer. Her official website is Mundo+Surname.com ("mundo" is "world").
The domain I bought was registered in 1998 and seams to had just 1 owner, a chinese guy from USA.
I have email of owner of Mundo+Surname.com, and he has been in charge of the branding, management and internationalization of some of the most successful latin artists.
So, I thinks he is the right person to email him.
But I need advise.
First, in what language write him? English or spanish? Maybe both?
I hope there is no any TM, anyway I bought it at GD closeout and they never would acept auction TM domain.. I hope..
I have no idea about price range..
I have no idea what to write him.. This is not the case when somebody needs to care about search engines and exact words.. But I can say it will be more decent, more privileged to use this domain with full name (artistic name).
Something else? Any ideas?
I just dont want to post here the name, because of google index, but I paste here link:

 

[maya-zir]

Please, dont mention any related name in this thread.

 

[Ategy]

I suggest you do quite a bit more research and reading into Trademark domains and UDRPs as well.

Every day GoDaddy sells countless domains that could have potential Trademark issues.

In most cases holding "questionable" domains isn't necessarily illegal .. but using the domain in any way in relation to a person or trademark most definitely is infringing on Trademark laws. So you can't even park the pages if the advertising will be related to the person in any way.

Also .. if you're doing outbound to the person whose name actually matches the domain, then that could be seeing as trying to profit from their name as well.

I along with I'm guessing most domainers grabbed a few of these when they first started and didn't know much about the ins and outs of such things .. but I've since let them drop.

Be careful going forward .. but more importantly .. do a LOT of research on TM domains and UDRPs. There's information here .. and there's also a few interviews on the subject at @DomainSherpa and @DomainNameWire .. definitely check those out as well!

 

[maya-zir]

The name is not trademarked.

 

[canswift]

A quick search on Linkedin shows 14 other business women who share the same GT name. So there is a possible wider market for this name than just one person. If you park this name it is highly likely that ads / links to the singer will show up. So for the moment why not list it for sale with a BIN price (no parking) and let the singer's management company essentially find you?

 

[Ategy]

Again .. I highly suggest you inform yourself significantly more before moving forward.
(Don't take my advice as official legal advice in any way)

Names do not need to be officially trademarked in order to be protected by trademark laws. The moment you or anyone uses the domain in any way that relates to the person in question, at that moment you are infringing on trademark laws.

Official trademark registration just makes trademark status clearer .. but in no way is trademark law limited to only marks that were officially registered. In fact I'd think most people don't bother registering their names as trademarks because the moment their name is used in a way that relates to them .. they are protected.

The reason most names are trademarked is when it comes to the names being associated with actual products .. then they want the trademark protection in association with the product.

 

[MapleDots]

Personally I would keep the name but not assign any name servers. If 14 other people share the name I would say eventually one will come knocking from whois. I would then answer and say....

Let me look, ah yes it appears I own that domain, do you have an offer?

Take it from there without getting yourself into trouble.

 

[maya-zir]

The domain Name+Surname.com was regged in 1998.
The official singer's website Mundo+Surname.com was regged in 2013.
The registrant of Mundo+Surname must have idea of domaining because he has some not developped domains on his name, so if they regged Mundo+Surname in 2013 instead of try to buy Name+Surname may only to mean that the seller wanted too much money.
If to hold it was illegal and the name was trademarked, they could just take it away from the seller still in 2013.
I dont know what I have to investigate more, it has no TM, and I also dont see any cause to hold the domain hiding 20 years more.
I think better will be just contact the registrant and ask if they could be interested in the domain and also ask if they tried to contact the ex-owner of the domain.
Just need to find correct words.

 

[maya-zir]

The domain was regged in 1998 and never sold.
I dont see why to let it be hidden another 20 years

 

[maya-zir]

@Ategy.com,
I understand, but lets think reasonable.
First of all, the domain has 19 years.
It was never taken from ex-owner.
Not even in 2013 when they regged Mundo+Surname.com
It is clear thay Name+Surname is better than Mundo+Surname, and the registrant knows well that it is possible to buy domains, but they didnt buy it.
The only reason is the seller wanted too much money.
But, then they also could contact ICANN and try to take the dimain.
So, the unique conclusion is that it is legal to hold this name, just maybe they didnt want to buy it because of high price.
Also, this is comun name+surname and I dont see nothing ilegal in buy it on auction and offer to them for reasonable price before to offer it to another women with the same name or some fun club.

Am I wrong somewhere in my conclusions?

 

[MapleDots]

@Ategy.com,
I understand, but lets think reasonable.
First of all, the domain has 19 years.
It was never taken from ex-owner.
Not even in 2013 when they regged Mundo+Surname.com
It is clear thay Name+Surname is better than Mundo+Surname, and the registrant knows well that it is possible to buy domains, but they didnt buy it.
The only reason is the seller wanted too much money.
But, then they also could contact ICANN and try to take the dimain.
So, the unique conclusion is that it is legal to hold this name, just maybe they didnt want to buy it because of high price.
Also, this is comun name+surname and I dont see nothing ilegal in buy it on auction and offer to them for reasonable price before to offer it to another women with the same name or some fun club.

Am I wrong somewhere in my conclusions?

See but you are assuming..... maybe the owner of the domain got a cease and desist letter and he let the name drop on purpose. I recently dropped two names because similar names from other domainers got letters. I figured no use spending good money to fight that and let the domains drop. Next owner will look at them and think what an opportunity, when really it is not.

I have not assigned name servers a a number of occasions and surprisingly have made a sale that way.

 

[maya-zir]

@MapleDots,
You may be right, but I never will know it if I dont ask.
Look, they regged Mundo+Surname in 2013, and Name+Surname was renewal last time in 2016.
You think it took 3 years to send UDPR letter?

My plan was like contact the potencial buyer and just write him the truth, that I bought the name on GD closeout and was really surprising to find it aviable. So I decided to buy it, why not? I buy interestning domains and this one was really outstanding one.
The rest will depend on thier answer.

Do you see here something ilegal or offensive?
Anyway if the ex-owner finally dropped the domain, then it was not because of UDPR letter, but just because he couldnt sell it or just forgot to renewal.
If it was drop because of UDPR then why the developer of Mundo+Surname didnt buy it and let it go to auction?

 

[MapleDots]

Look, they regged Mundo+Surname in 2013, and Name+Surname was renewal last time in 2016.
You think it took 3 years to send UDPR letter?

Just playing devils advocate here.... but again you are assuming only this person has rights to it. As pointed out by @canswift at least 14 business women share claims to that name. Could be any of those have sent out a letter.

 

[maya-zir]

I know I can search for more GT and offer it to them.
But I bought the domain just because of this singer and I want to try to sell it to them, first because they deserve it more than another woman with the same name.
I dont try to sell it to somebody, I want first offer it to the singer and if they dont need it (it will be weird if they dont want it) I will think what to do the next with the domain

 

[maya-zir]

Anyway, I didn stole the domain from them, I dont use the domain for develope the fake oficial website.
So, I dont see any reason they could feel ofensive and try to demand me.
They have money, and I dont ask for extraordinary sum, why just not buy it and make both of us happy - they have the domain and me.. some income

I try to think with logic.
The domain is much better than the actual domain they use.
Why they need go crazy and waste money on demand me instead of just buy it?
I think about say 5k or best offer, if they will answer my email.
What do you think?

 

[Ategy]

@Ategy.com,
I understand, but lets think reasonable.

There really isn't anything to "think" about. It's either illegal or it is legal. Beyond that is the interpretation and judgement of the UDRP panel or court in question.

For the most part .. holding a domain name is not illegal. However .. SOMETIMES .. there can be legal issues.

But sometimes in some cases the very fact you approach someone with their name for sale COULD be interpreted by a UDRP "judge" (not a real judge) as being trying to exploit the person.

You can argue or reason as much as you want .. but it doesn't change the fact that you could be seen as trying of taking advantage of the person's fame simply for trying to sell them the domain.

I'd be the first to say the chances of this are slim .. and that if you price the domain low enough that they will likely buy it or just not bother .. but that doesn't make it legal or illegal. What makes it legal or illegal is how the person(s) judging the case interprets whether or not you are trying to take advantage of the person's popularity.

The answer to that question is usually yes ... however I'd also say that I'd think only a tiny fraction of such domains actually goes through Trademark/URDP actions .. so you're very likely safe .. but again .. that doesn't make it right .. (and it doesn't necessarily even make it wrong depending on what you do or even don't do with the domain).

Trademark/UDRP decisions are all over the map .. sometimes resulting in very bad / unpredictable decisions .. for the most part I think most experienced domainers avoid those types of domains just to avoid unexpected headaches .. particularly those with larger portfolios!

 

[maya-zir]

I dont see here any use of somebody fame.
A lot of domainers hold name, surname and name+surname domains and the first potencial buyers for these domain are famouse people.
I repeat, I didnt stole the domain from them, I didnt scam them moving the domain on my name and trying to sell it to them now.
I also could contact a lot women with the same name, but I think the right owner must be this singer.
I dont pretend to develope a fake website on this domain.
I found it and was just more lucky then they to have it, thats all.
I dont see here any ilegal issue.
And I base on the fact the domain still was on that chinese guy name in 2013 when they regged Mundo+Surname.com
Thats mean they never demanded ex owner. Why they didnt buy the domain I dont know. The only reason could be the price was too high.
I dont see here any ilegal use of fame.
I just offer them something I was more lucky to get.
In the worst case they just can ignore me or deny to buy it. They dont have why demand me. Also demand me will cost money.
Talking about TM… then I have more rights on maya.com then the actual owner, because this is my name that I got much before 1990

 

[maya-zir]

Guys, lets forget by the moment about TM.
I already explained why I dont see here any TM issue.
And even if I am wrong I never will know it if I dont offer them this domain.
So, I will contact the person, the desision is done.
I just need help how to do it, to find right words and style and of cause to have some idea about the price range.

By the moment I think just contact the registrant and developper of Mundo+Surname.com and tell him I found the domain on GD closeout, was surprised to find it not used on ifficial website, and so I buy domains for develop and sell or sell undevelopped I decided to buy this domain and in first place offer it to them and not search for more GT in social networks. Also plan to say I was very surprise they never buy the domain in 2013 because my short onvestigation said it was in sale even then.. because it is a normal practic to buy the domain or website or forum etc..

I repeat I dont see any ilegal use of fame in this mail.
I just need a little help with the text or style, and something more I could say to them for not to be ignored.
Something for make them pay attention and respond me.
If they respond 99% is done, I am not so greedy and preffer to sell the domain to them before to sell it to somebody else..
I know they need it, it is the exact name, short and simple... I just want them to see I dont plan to ask for a lot of money and open to negotiate just to make both side to be happy with the deal..

 

[DnEbook]

I would avoid trying to profit off someones name, good luck

 

[maya-zir]

I would avoid trying to profit off someones name, good luck

So what about all name.com domains nad all surname.com domains?
You consider not to reg, not to buy and not to sell for example thes domains: john.com, smith.com, johnsmith.com etc?
Imagine you have possibility to reg/buy smith.com
Dont tell me you will never try to contact Will Smith to offer it to him and if he will deny you just then will search for another potencial buyer..
You see TM in each domain that is not yours.
You cant automaticlly have rights on the domain with your name if you are a celebrity.
Nobody has rights on this domain, just me who bought it, this is the only legal rights.
They always can ignore me or deny to pay for it, but they have no rights on it.