question Need Your advise UDRP

[cillx]

Hi Guys,

I have a .com, last name of extremely popular person. Term is not much popular as a last name (no one use this name other than this family members) or other way. In other words if this particular person doesn't exist this word has zero value.

I'm not hurry to sell this. Now I'm thinking what is the best way to protect this from possible UDRP case? This particular person has a history of UDRP. He is selling branded t-shirts, caps and some videos using his website (His full name in .com). He just started that business, i guess.

I'm thinking about forwarding this to facebook page since it's cost me nothing or wordpress site with some content. Currently name use efty.com "udrp safe" theme. But i don't feel safe.

Even if i forward this to facebook page or wordpress i don't have an idea what kind of content i need to put there. I really appreciate your thoughts on this. If you want to know the name please inbox as i don't feel comfort to share it here publicly.

Thanks.

 

[anantj]

Put up a coming soon and build a business (that is different - in category and industry - from the that operated by this popular person)

 

[Dominique]

Hello @cillx !

First of all, make sure you are not profiting off his brand name or effecting his reputation using your domain, which means your domain doesnt have links directly related to him or his work (via parking or website content).
Also, make sure you are not using your domain to promote competing goods or services to those protected under a complainants established tm rights.

As @anantj said, its a good idea to start a business different in category and industry.
It would be a clear indication you are using your domain in a good faith.
If you are not able to do that, dont panic because its not easy for him to take your domain via UDRP, considering the fact that your domain includes only his last name, not the full name.
For example, there are many registered domains with the name "kardashian" and I cant find any lawsuit against them.
On the other side, "khloekardashian.com" has been the subject of a UDRP in the past, and the domain was transferred to complainant.
So, if we are talking about celebrities and their trademarked names, in general they are protecting their full names (first name + last name), but you cant be sure that your nemesis wouldnt file a suit against you.
Also, you cant be 100% confident that you would successfully defend you domain in that case.
What you can do is to minimize the risk showing a good faith and playing a defensive strategy.
Maybe some end user would find your name attractive for his business (I can see many companies using "messi" and "durant" as their trademark, despite the fact that Lionel Messi and Kevin Durant are extremely popular athletes).

Be aware your domain is not an ordinary one and its your choice to play this game which requires some skill, patience and caution.
Good luck !

 

[cillx]

Thanks both for valuable inputs