question I handregged a celebrity athlete namelastname.com.

[SchwimmerP]

Is this ok? I mean does it causes any legal problems?

His current website is name-lastname.com by the way.

 

[Joe123]

You may face problems if you try to sell or commercialise it.

 

[SchwimmerP]

Hmm. Another athlete's (same sport, same league) namelastname.com is on sale for xxxx$ on dan. If it isn't trademarked, is it still a problem? . Just trying to understand.

 

[bmugford]

It depends.

Is the name some popular combo like "Bob Smith" with thousands of people sharing the same name, or is it more unique to one specific person?

In general, it is not a good idea to mess around with names of famous people.

Brad

 

[SchwimmerP]

He has a very unique name.

 

[.X.]

He has a very unique name.

If you are Promoting his name, in a good way. but not for profit, he may not say anything. But his name being very unique plays against you as well, as far as rather he will seek out to stop you from using it.

 

[SchwimmerP]

I am not going to use it at all. Not going to build a website or anything. Just list it on afternic or dan. I was planing to email him for letting him know it is available for purchase, but i guess I will not do that.

 

[.X.]

I am not going to use it at all. Not going to build a website or anything. Just list it on afternic or dan. I was planing to email him for letting him know it is available for purchase, but i guess I will not do that.

I guess you could email him , but, if he has a lawyer look into how long you have had the name , he could just file a UDRP to get the domain from you.

Regging celebrities can be risky business

 

[bmugford]

He has a very unique name.

I am not going to use it at all. Not going to build a website or anything. Just list it on afternic or dan. I was planing to email him for letting him know it is available for purchase, but i guess I will not do that.

If someone is famous, has a unique name, and you are listing the domain for sale doesn't that seem like you are trying to profit off their name?

Brad

 

[SchwimmerP]

I do. I'm fine with that as long as it is not illegal.

 

[cabotower]

over at saw someone is taking offers on ...shaqoneal.com, if anyone is interested in a legal adventure.

 

[SchwimmerP]

I don't quite understand

 

[cabotower]

I don't quite understand

if you are referring to my post, i think it is pretty risky owning/selling something so unique. it would only be of use to shaq. what possible use could anyone else have with it. in the u s, a person doesn't need a trademark to claim exclusive rights to a name. all they have to do is to prove that they have used it for several years. it is called "common law". if shaq wanted to he could have his lawyers grab that anytime. things like that are not worth the bother.

 

[SchwimmerP]

Well, athlete isn't from or lives in usa, he is European, i am also not from USA. Does that makes any difference?

I know i sound like i am pushing it, but i want to be sure before I decide what to do with it.

 

[cabotower]

i don't think that european countries recognize common law but it is a grey area. you will have to decide what to do. personally i would have just ignored it when i saw it.

 

[karmaco]

Well, athlete isn't from or lives in usa, he is European, i am also not from USA. Does that makes any difference?

I know i sound like i am pushing it, but i want to be sure before I decide what to do with it.

Everyone else is too polite to tell you buying a name to target one specific famous individual or entity on the planet is classic cybersquatting.

The Shaq thing above is slightly murkier as its a nickname and not a famous person’s actual legal name.

You said he runs on a dash domain. If he wanted your name he would have gotten it/registered it allready.

 

[SchwimmerP]

The one I registered recently expired, so probably he couldn't get it since it was already registered.

 

[jberryhill]

Everyone else is too polite to tell you buying a name to target one specific famous individual or entity on the planet is classic cybersquatting.

There is a form of Hell in which you watch people make the same mistakes over and over again for eternity.

https://www.wipo.int/amc/en/domains/decisions/html/2000/d2000-1068.html

The Complainant submits that he has an established reputation as a world renowned Dutch soccer player for many years

https://www.wipo.int/amc/en/domains/decisions/html/2000/d2000-1061.html

The Complainant is a famous Dutch soccer player and has been playing for the Dutch national team for a number of years.

https://www.wipo.int/amc/en/domains/decisions/html/2004/d2004-0682.html

The Complainant, Freddie Adu, is a world famous soccer prodigy. In November 2003, at age 13, he signed a major contract with United States Major Soccer League (MSL).

https://www.wipo.int/amc/en/domains/decisions/html/2000/d2000-0598.html

Complainant is Daniel C. Marino, Jr., professionally known as Dan Marino, who is a professional American football player.

https://www.wipo.int/amc/en/domains/decisions/html/2002/d2002-0134.html

The Complainant is a professional player of football (ie association football or soccer). He has played for the AS Roma team since he was 12 years old and is now its captain.

https://www.adrforum.com/domaindecisions/128073.htm

Complainant, Kevin Garnett, is a world-famous professional basketball player who currently plays with the National Basketball Association’s (NBA) Minnesota Timberwolves.

https://www.wipo.int/amc/en/domains/decisions/html/2003/d2003-0463.html

Complainant alleges that he has achieved celebrity through his efforts as a professional football player and in the entertainment industry.

https://www.wipo.int/amc/en/domains/decisions/html/2003/d2003-0843.html

The Complainant has become famous throughout the United Kingdom and as a result the name "Joe Cole" has acquired a secondary meaning such that the public associates the Complainant's services as a footballer with the name Joe Cole.

https://www.wipo.int/amc/en/domains/decisions/html/2004/d2004-0827.html

The Complainant is currently one of the most well-known professional football players in the world.

https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2011-1371

Complainant is Ndamukong Suh, a professional football player with the National Football League’s Detroit Lions organization.

https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2021-3369

Complainant Will Shipley is an American football player, specifically a freshman running back on the Clemson University football team.

https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2019-0269

Complainant, Saquon Barkley, is an American football player who plays for the New York Giants

https://www.adrforum.com/domaindecisions/1745425.htm

Despite his young age, Mr. Kylian Mbappe Lottin is already an internationally notorious football star.

https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2015-2103

The Complainant is a successful professional football player who has, for the most part, developed his sporting career at Futbol Club Barcelona

 

[Leo2k]

There is a form of Hell in which you watch people make the same mistakes over and over again for eternity.

https://www.wipo.int/amc/en/domains/decisions/html/2000/d2000-1068.html

The Complainant submits that he has an established reputation as a world renowned Dutch soccer player for many years

https://www.wipo.int/amc/en/domains/decisions/html/2000/d2000-1061.html

The Complainant is a famous Dutch soccer player and has been playing for the Dutch national team for a number of years.

https://www.wipo.int/amc/en/domains/decisions/html/2004/d2004-0682.html

The Complainant, Freddie Adu, is a world famous soccer prodigy. In November 2003, at age 13, he signed a major contract with United States Major Soccer League (MSL).

https://www.wipo.int/amc/en/domains/decisions/html/2000/d2000-0598.html

Complainant is Daniel C. Marino, Jr., professionally known as Dan Marino, who is a professional American football player.

https://www.wipo.int/amc/en/domains/decisions/html/2002/d2002-0134.html

The Complainant is a professional player of football (ie association football or soccer). He has played for the AS Roma team since he was 12 years old and is now its captain.

https://www.adrforum.com/domaindecisions/128073.htm

Complainant, Kevin Garnett, is a world-famous professional basketball player who currently plays with the National Basketball Association’s (NBA) Minnesota Timberwolves.

https://www.wipo.int/amc/en/domains/decisions/html/2003/d2003-0463.html

Complainant alleges that he has achieved celebrity through his efforts as a professional football player and in the entertainment industry.

https://www.wipo.int/amc/en/domains/decisions/html/2003/d2003-0843.html

The Complainant has become famous throughout the United Kingdom and as a result the name "Joe Cole" has acquired a secondary meaning such that the public associates the Complainant's services as a footballer with the name Joe Cole.

https://www.wipo.int/amc/en/domains/decisions/html/2004/d2004-0827.html

The Complainant is currently one of the most well-known professional football players in the world.

https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2011-1371

Complainant is Ndamukong Suh, a professional football player with the National Football League’s Detroit Lions organization.

https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2021-3369

Complainant Will Shipley is an American football player, specifically a freshman running back on the Clemson University football team.

https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2019-0269

Complainant, Saquon Barkley, is an American football player who plays for the New York Giants

https://www.adrforum.com/domaindecisions/1745425.htm

Despite his young age, Mr. Kylian Mbappe Lottin is already an internationally notorious football star.

https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2015-2103

The Complainant is a successful professional football player who has, for the most part, developed his sporting career at Futbol Club Barcelona

If the domain name is just part / half of a trademark name, will the trademark owner still be able to claim it? Can I pm you to get your opinion (not legal).

 

[jberryhill]

Can I pm you to get your opinion (not legal).

Hi Leo. I comment on things posted in the legal section at Namepros to provide a generalized perspective on legal issues that may be educational to the readership here. Such as, in this instance, pointing out that the personal names of athletes are commonly the subject of domain disputes in which the athletes have a distinct record of prevailing.

That may come as news to some folks here, and so learning how common an issue it is may be helpful to both domain registrants and professional athletes.

I do not provide legal opinions via forum DM, since those messages are, I presume, available to the site administrators and hence do not provide the confidentiality to which any person seeking legal advice from an attorney is entitled. In fact, every message I post on Namepros says not do that, right in my signature at the bottom, and to send an email instead.

I'm puzzled by the "not legal" qualifier since any opinion I give on a legal issue is, of course, a legal opinion. I'm a lawyer all day.

I receive a fair amount of communications from persons seeking opinions and advice in exchange for things like "I would appreciate your time" etc.. While it's great having my time "appreciated", it is the only thing that I have to sell. I do not compete with my clients in domaining. Additionally, I assume the goal of persons seeking my free time is so that they can make money. So, it is kind of an odd exchange to have spent a good deal of time and expense in my life to obtain expertise in a subject in which other people want me to help them make money, in exchange for being "appreciated". I have tried that with plumbers, auto mechanics, doctors, etc., and they all seem to want to get paid to do things for me.

So, if you have a question that you believe might be of general interest, and if I think the question is interesting enough that everyone might benefit from an answer, feel free to post. If you are looking for individual advice from which only you would benefit from my time with the idea that you might be able to make some money, then I'd be happy to look at whatever your question might be and let you know if (a) it is a no-brainer that might have a very simple answer or (b) it would require some quantum of time or thought for which I would expect something in exchange.

 

[Leo2k]

So, if you have a question that you believe might be of general interest, and if I think the question is interesting enough that everyone might benefit from an answer, feel free to post.

Got your point. It's a general question about how far the trademark owner have control over a domain name.

For example, if a company's trademark name is 'First Lastname' and if someone has Lastname.com, does listing it for sale or contacting the trademark company 'First Lastname' to sell the domain will be an issue/ infringement?

 

[jberryhill]

So, that's a pretty complex question to address which doesn't have anything to do with this thread, involving the first and last name of a celebrity athlete.

How about we add "don't threadjack" to my note above.

It's a complex question because, absent actual facts, I can come up with situations that go either way.

If the mark is "DISNEY WORLD", then, no, the word "world" is unlikely to be associated with their mark. Certainly, the first word is. In the "Walt Disney" mark, obviously the second word is very strongly associated with the company, more than the first word. So, with one company you have two marks that lead to completely different answers.

If the mark is "Coca-Cola" or "Burger King" or "General Motors" then neither the first nor the second word, standing alone, is distinctive of their mark.

If the mark is "Abercrombie & Fitch" then you might have some people who would think of the brand if only given "Abercrombie" and you might also have some people who would think of the brand if only given "Fitch", which is itself a fairly uncommon name. Other examples would include "Mercedes Benz" which I believe I've heard people use the first and second words independently to refer to the brand. "Rolls Royce" not so much - usually just "Rolls" for short.

So, it's going to depend on the specific facts, since it's trivial to come up with scenarios in which the question can have any answer.

Take "Harley Davidson" and "Christian Dior" as examples, and you tell me whether you think the first name or last name matters more.

Just as obvious, though, is the idea that you believe they might be interested in acquiring the second name standing alone which suggests that you, at least, are one person who believes that the company does have some kind of distinctive association with the second word. I'm pretty sure that while "Taco Bell" might like to have Taco.com, since that is their product, they'd have very little interest in obtaining Bell.com, since no one calls them that and they don't sell bells. So, your thought that the company in question would be interested in the name leads me to believe you already know the answer to your question.

 

[Leo2k]

I'm pretty sure that while "Taco Bell" might like to have Taco.com, since that is their product, they'd have very little interest in obtaining Bell.com, since no one calls them that and they don't sell bells. So, your thought that the company in question would be interested in the name leads me to believe you already know the answer to your question.

Great. Got an idea. Would better study/research more about the respective trademark name in these situations. Thank you very much!

 

[bigdomainer]

How about we add "don't threadjack" to my note above.

Nice one...

 

[jberryhill]

The Shaq thing above is slightly murkier as its a nickname and not a famous person’s actual legal name.

Stage names, etc. are actually a little stronger, because that is what the public knows them by.

For example, if I mention Stefani Germanotta, you might not know who she is.

Same thing for Cherilyn Sarkisian.

Those are their legal names.

How about Robyn Fenty, Shawn Carter, or Calvin Cordozar Broadus Jr.?