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GoDaddy review : Advise I invest in GoDaddy?? Any 'inside' tips on getting {myname}.com back?

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Several years ago, I had {mylastname}.com registered. Through 'just one of those things', I didn't renew in time and the name went into deletion phase. I setup an order with (I think snapnames or somebody like that), but they weren't quick enough, and a DN parker got the name and has since parked a page on it. I tried to negotiate with him on getting it back, but he wasn't receptive. It's not a popular name at all, it just happens to be the name of a poet or something, so now people looking the for that particular poet will hit the page and see some other links.

I haven't reviewed the UDRP since 2001(?) (when I get time I will), so I don't know what changes, if any, have been implemented regarding TM / real name situations. But even after I do, someone here may have some 'inside' tips on getting {myname}.com back. I haven't decided if it's a big enough deal for me to go after the name, but after I review the current policy, that will give me a better idea as to what my chances are of winning {myname}.com back and whether to pursue it.

Thanx...

Comments (7)

I would think since it is also the last name of a famous poet (ESPECIALLY IF HE ONLY GOES/WENT BY THAT NAME) the current holder has power to the name - as long as it is only a last name, I don't think you hold any legal rule over it...

Comment #1

You will get very opinionated views here, most likely, because the UDRP is made for TM disputes, it is not intended for private name disputes and serves poorly in that capacity. Since you most likely do not have a TM in your last name, especially not one that would deprive another individual of his/her ability to create a site about someone with the same last name, the UDRP will most likely not be a viable option for you to get the name back.

-Allan..

Comment #2

Thanx for the input. I wasn't sure if any moves had been made in the area of UDRP as it pertains to personal names (I know about TM developments).

I s'pose my thinking is that the pecking order would/could be:.

* TM holder has first right over nonTM entity.

* Person who actually has the last name 'may' have an established position over entity that does not have a TM on the name, nor is affiliated with the name (as is the case here). The poet did not go by just last name, and poet is not alive, nor did person/company have any legal or otherwise affiliation with the name.

I believe there is some legal precedence wherein a name/logo that is not federally reg'd TM, may still enjoy a position of TM through it's public and/or published use. In this case, since I had already owned the name.com and had a website up, and was actively pursuing regaining the name (TM) when the other person acquired it, my first use of the {mylastname}.com may substantiate my position as defacto {though unregistered} TM holder.

Thanx for the input.

P.S..

[My recourse of last resort would be to check the family tree... there is a slim chance that since the name 'is' so unique, the poet in question could be in my family tree. That would have to carry at least a little more weight (in a court litigation - I don't think ICANN would touch this kind of dispute). ]..

Comment #3

Getting a personal name via a UDRP dispute is not going to happen.

The only way is if it was a famous name and was being used in bad faith. For example forwarding a celebrities name to an adult site...

Comment #4

This may be too high-level at this point, but if your name is that unique and off-the-map, would the cost of litigation not be more than the possible purchase price?.

And while a sense of 'right and wrong' may lead one to the conclusion that having a certain last name in some way entitles one to the domain name of the same (That's alliterative...), I am afraid you may find just the opposite to be true in practice.

-Allan..

Comment #5

You mean the party in question didn't respond at all to even your first query?.

Unless you maybe make an offer that'll possibly grab his or her attention, you.

Don't seem to have any legally enforceable claim outside trademarks...

Comment #6

He responded to the first couple of email exchanges, but he quickly proceeded to tell me how he was so experienced in this biz, and he has registered FAR more DNs than me (he doesn't know anything about how many DN's I've reg'd, and as it happens, it was VERY many, I managed an ISP/web host), etc. He never exactly said where his head was at on the issue, but if I remember correctly, he intimated that he doesn't even entertain selling DN's for less than $10K, and this was back around 2001.

As far as litigation goes, I'm not an attorney, but I have a pretty extensive background in self-litigation. In 20 years, and some 20 or so cases, I haven't lost one yet. So the cost of litigation would be minimal, filing fees only, basically. Humbly said, that doesn't make me a great attorney, it just means I'm pretty fair in picking my battles. Personal feelings aside, if I am not in the right to something, I wouldn't file a lawsuit on it. It's pretty easy to lose legal battles when you let your heart cloud your real judgment as to what is fair, only to have a Judge set you straight.

I think I have a pretty good feel for what is fair in this case. As things stand right now, it's just a name, and anyone has a fair shot at registering it. HOWEVER, if it turns out that I am related to this famous poet, then MY family name has some weight and precedence. The courts HAVE spoken on that issue where a celebrities name is a good as trademark. Whether I am that celebrity, or that celebrities' son.... or grandson..., that does, I think and, hypthetically if I were to file on the matter, give me more position than any Joe off the street.

When LeBron James passes away, does his family/estate have no rights to his namesake/TM. The courts, if I am not mistaken, have held that they do retain TM rights to his namesake.

Was just checking with you guys to see if any changes had occurred in the last several years regarding personal namespace - save myself some time of having to research it. I've done just fine the last several years with .net and .org versions of my name, so I probably would not challenge the issue at this point. Thanx again for the input...

Comment #7


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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