First and last names

mat · 07-12-2007, 02:20:29 PM

If you were to dropcatch your first or last name and there was a ltd company with the same name that wanted it and made a complaint what would the likely outcome be?

I was just tihnking about this yesterday, its not actualy happening

FinitaryEvent · 10-12-2007, 05:21:00 PM

If the company has a registered trademark, then I guess, they have more rights on this domain name. Can't tell right now but there were a few cases where companies won the like cases in the courts.

admin · 10-12-2007, 09:37:07 PM

How can a company "own" a surname though, having a trademark doesn't automatically mean they have rights to the domain.

I own my surname .co.uk and I'd fight to the highest courts to keep it since it's my name so I have every right to it as much as anyone else.

I guess the thing is to be careful what you use the domain for in terms of site content, especially if your name is Michael Dell or something....

rob · 10-12-2007, 09:43:59 PM

Quote:

Originally Posted by admin

I own my surname .co.uk and I'd fight to the highest courts to keep it since it's my name so I have every right to it as much as anyone else.

Likewise

I know nominet like the odd eye brow raising decision, but to decide along those lines would have me with a pitchfork and burning torch outside the offices ooooh aaar.

aquanuke · 11-12-2007, 02:27:28 AM

IMO Nominet would favour the guy whos name it was, unless he was using it to profit from the company.

But what happens if they go to court and the company wins?

Would Nominets decision outweight a court decision.

woopwoop · 11-12-2007, 04:33:08 AM

This reminds me of the Dell victories (although .com's)
But didn't they win a battle with a computer consultant named Mr. Dell over related domains?

Those may be a bit more obvious though because they are trading in the same space. I guess usage is the most important issue.

bensd · 13-12-2007, 04:28:21 PM

IMO own my surname .co.uk - do you think i would win if i took them to court?

I was definitely had the surname before the reg'd it

-Ben

rob · 13-12-2007, 04:56:42 PM

Quote:

Originally Posted by bensd

IMO own my surname .co.uk - do you think i would win if i took them to court?

I was definitely had the surname before the reg'd it

-Ben

Court would be tricky... DRS... rights yes, er , abusive use?

Beasty · 14-12-2007, 05:11:09 PM

Quote:

Originally Posted by rob

Court would be tricky... DRS... rights yes, er , abusive use?

In court - own name defence in TM and passing off - though that has various qualifications - bu basically if it is honest use then you should be OK.

landlord · 15-12-2007, 06:32:55 PM

My understading of Trade Mark law is that one can't TM something that others are likely to want to use in their own trade....surnames are a prime example where for example Smith can be Smiths Plumbers and Smiths Crisps BUT you could also have 1000 Smiths Plumbers. Any Trade Mark can be challenged in a court of law....The Patent Office have no legal standing but applying for a trade mark is a resonable step to get an GOOD idea of your rights.

Today a regiestered domain name could be considered as generic'ous as ones right to use his/her own surname in business.... whats important is the likeliness of confusion from the distinctiveness of the two marks.....if both marks are distinctively similar then you have a problem but if both marks as generic'ous and the representation is distinctively different then you may have a case BUT then it depends on how strong is the brand in the particular trade and the possible overlap

Lee

07-12-2007, 02:20:29 PM	#1 (permalink)
mat Join Date: Apr 2007 Location: Hampshire Posts: 3,328 No Classified Ratings Domain Trader Rating: (100% / 40)	First and last names If you were to dropcatch your first or last name and there was a ltd company with the same name that wanted it and made a complaint what would the likely outcome be? I was just tihnking about this yesterday, its not actualy happening __________________ Mathew.co.uk - Follow me on Twitter here

10-12-2007, 09:37:07 PM	#3 (permalink)
admin Administrator Join Date: Jun 2004 Posts: 8,601 No Classified Ratings Domain Trader Rating: (100% / 1)	How can a company "own" a surname though, having a trademark doesn't automatically mean they have rights to the domain. I own my surname .co.uk and I'd fight to the highest courts to keep it since it's my name so I have every right to it as much as anyone else. I guess the thing is to be careful what you use the domain for in terms of site content, especially if your name is Michael Dell or something.... __________________ Domain Appraisal \| Domain Scripts \| Domain Software\| link to Acorn Domains

11-12-2007, 02:27:28 AM	#5 (permalink)
aquanuke Join Date: May 2005 Location: Surrey Posts: 1,993 No Classified Ratings Domain Trader Rating: (100% / 20)	IMO Nominet would favour the guy whos name it was, unless he was using it to profit from the company. But what happens if they go to court and the company wins? Would Nominets decision outweight a court decision. __________________ Dropcatching and DAC hosting - I gotta have More Cowbell - Now I do

11-12-2007, 04:33:08 AM	#6 (permalink)
woopwoop Join Date: Jan 2007 Posts: 1,585 No Classified Ratings Domain Trader Rating: (100% / 20)	This reminds me of the Dell victories (although .com's) But didn't they win a battle with a computer consultant named Mr. Dell over related domains? Those may be a bit more obvious though because they are trading in the same space. I guess usage is the most important issue. __________________ Connect with me @ TW:LI:FB \| MyWeb \| D/L domains4sale \| Morecambe London Student Forums Student Books UK promotions agencies

15-12-2007, 06:32:55 PM	#10 (permalink)
landlord Join Date: Oct 2007 Posts: 125 No Classified Ratings Domain Trader Rating: (100% / 2)	Others want to use My understading of Trade Mark law is that one can't TM something that others are likely to want to use in their own trade....surnames are a prime example where for example Smith can be Smiths Plumbers and Smiths Crisps BUT you could also have 1000 Smiths Plumbers. Any Trade Mark can be challenged in a court of law....The Patent Office have no legal standing but applying for a trade mark is a resonable step to get an GOOD idea of your rights. Today a regiestered domain name could be considered as generic'ous as ones right to use his/her own surname in business.... whats important is the likeliness of confusion from the distinctiveness of the two marks.....if both marks are distinctively similar then you have a problem but if both marks as generic'ous and the representation is distinctively different then you may have a case BUT then it depends on how strong is the brand in the particular trade and the possible overlap Lee __________________ Fixed Rate Mortgages Capped Mortgages Landlords Insurance

10-12-2007, 05:21:00 PM	#2 (permalink)
FinitaryEvent Junior Member Join Date: Dec 2007 Posts: 14 No Classified Ratings Domain Trader Rating: (0% / 0)	If the company has a registered trademark, then I guess, they have more rights on this domain name. Can't tell right now but there were a few cases where companies won the like cases in the courts.

13-12-2007, 04:28:21 PM	#7 (permalink)
bensd Join Date: Jan 2007 Location: Wiltshire, UK Posts: 4,145 No Classified Ratings Domain Trader Rating: (100% / 97)	IMO own my surname .co.uk - do you think i would win if i took them to court? I was definitely had the surname before the reg'd it -Ben

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