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GoDaddy user reviews : Should I use GoDaddy?? First name - TM Issue ?

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Hey guys,.

Question.

Does a first name domain name could have TM problems ?

For example I own the the domain name Peter.com.

And my name is not peter, could some one called peter take the name from me?..

Comments (6)

If the name is a generic/common first name, then no. If it's a full name, then it's a different story...

Comment #1

My name is Randy. Randy IS a dictionary word. But alas, Randy is a common first name. COULD I take it from it's owner? Perhaps: just ask the owner of madonna.com before the singer stepped in. In some cases, you could potentially lose a first-name .com but the chances are too slim to speculate on...

Comment #2

*.

My first name is Jennifer. I have Jennifer.tel and Jennifer.cm (which points to my homepageokay, okay, perhaps I shouldn't have regged this .cm, but it's my only one).

If, instead of redirecting Jennifer.cm to my homepage, I set up a parking page and ads by the furniture company called "Jennifer" started popping up on my parked page, I could find myself in TM trouble, even though it's my name.

But, no, a celebrity Jennifer could not take this name away from meas long as I don't pose as her. As a Jennifer, I have just as much right to the name, and since I was there first, I have more of a right to it.

I think use and intent would be deciding factors, not fame and fortune. I have an Aunt Madonna; had she regged this name and used it for personal use (with disclaimers clearly stating she is not singer Madonna), she would probably be okay.

Anyway, that's the way I read the law (but I'm not a lawyer).

*..

Comment #3

A first name could also be a brand name. Imagine you have the name parked with sponsored links to competing products. You could lose the domain..

In a normal situation you're "safe" but actual usage is important...

Comment #4

This claim has been made in domain disputes (probably to stack the deck), but I'm not aware of any case where it held any weight in the ultimate decision.

I think the general sentiment is that if you purchase advertising on an automated ad network, then it's your own problem where those ads appear since you and only you caused them to be there...

Comment #5

Good. It really does boil down to how you use it. My first name is Marc, and I used to work for a company named Marc (nonlinear finite element). It looks like they changed their name, but marc.com still forwards to their company. I used to get calls from customers that were startled when the secretary passed the phone off to Marc... and I would get this response "I don't think we need to bother YOU with this question".

So I would have had a legitimate interest (if I owned it) in operating Marc.com, but the minute ads go up for either the Marc corporation or their competitors (Ansys, Nastran, Abaqus, etc.) I would be in trouble, even if my name was Marc...

Comment #6


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

 

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