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Surnames, trademarks, in bad faith/UDRP risk help please

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AaronELL

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From what I understand, surnames (i.e. last names) used in business names can't be trademarked, with the exception of established/well known ones like Disney, etc. Therefore, I think it would in bad faith (UDRP risk) to try and sell Disney any of the following domains:

TheWaltDisneyCompany/com
WaltDisneyCompany/com
TheDisneyCompany/com
DisneyCompany/com
TheDisneyGroup/com
DisneyGroup/com
TheDisneyAgency/com
DisneyAgency/com

Does anyone agree/disagree with this and/or these domain examples at this point?

I randomly checked online, and the following surnames are not established like Disney:

Peterson, Smith, Craig, Davis

Therefore, my main questions:

Is it in bad faith (UDRP risk) to offer generic surname domain names that match a company's generic surname business name completely if they are not established/well known/not trademarked like Disney?

Please assume the random examples below are not like Disney and that the companies are currently using a domain that is different, longer, different extension like .Net, etc:

ThePetersonCompany/com to The Peterson Company
TheSmithGroup/com to The Smith Group
TheCraigAssociates/com to The Craig Associates
TheDavisAgency/com to The Davis Agency
PetersonCompany/com to Peterson Company
SmithGroup/com to Smith Group
CraigAssociates/com to Craig Associates
DavisAgency/com to Davis Agency

Would it be in bad faith (UDRP risk) to offer any or all these? Does the age of the domain make any difference?

Thanks a bunch to all that read this and to all that reply! Much appreciated!
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
AfternicAfternic
https://www.namepros.com/threads/trademark-question.857854/#post-4857347
Hope this helps...
Last names are commons, are shared by many, and can be regged in good faith....but offering???......each case would have to be seen individually.....every name,every case....these can be legal waters....strength of trademarks involved....its all case to case imo!
 
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Thanks for the comment and help PuSin! I read your suggested post.

Does anyone know or have experience with offering domains with common nontrademarked surnames?
 
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I agree with the first part of your message.

For the second part. I presume you use the prefix "The" because the domain without the prefix is taken. You might be infringueing on their trademark. You need to check.
 
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