Need legal advice on used domain purchase

by gjd6599

Posted: 13 years ago 15 replies

INTERNET MARKETING

I bought a domain at the Go Daddy used domains auction about eight months ago. It is a persons name with another word at the end, like johndoebooks.com. Today I get a letter from a lawyer saying that his client, John Doe is suffering irreparable damage because I have taken his domain name, and I must cease using the domain immediately, and transfer the name back to his client, and claims I am cyber squatting.

I feel I bought it in good faith at the godaddy auction, and because there is no trademark on his name, he is wrong to ask for it back. It was also eight months ago that I bought it, and this is the first I have heard he wants it back. I also have invested some money in this site to have articles written, and a few other things, and don't feel like just giving it back.

Anyone know about this kind of situation, or ever have anything like this happen?

Thanks Glenn

#advice #domain #legal #purchase

Headfirst 13 years ago

Are you doing anything with the domain name? Other than redirecting it that is... Are you using it for an actual business?

If not send them a letter. Tell them that you bought it in good faith and while you had every intention of building a website around it you haven't yet. Offer to transfer it back for the costs you have in it. No one is out anything.

I'm not a lawyer though, so you should definitely speak with your attorney before taking any action.
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vivaarturo 13 years ago

this is not legal advice and you should seek legal advice for your own situation. I had a similar situation if it is not trade marked, or you are not infringing on any rights there may be no issue. I would put up a page for the site stating under construction. And find a lawyer to commnicate on your behalf to gain clarity on "irreparable damage". Right now I see this as a pressure tactic without any clear evidence of a claim
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- HankTheCowDog 13 years ago
  
  I have a client who is an entertainment lawyer and represents many Hollywood film companies.
  
  All I can say is, she hates this site:
  
  Chilling Effects Clearinghouse
  
  Search it out, I believe trademarked domain names are discussed over there.
  
  Thanks
  
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- chicagoslim 13 years ago
  
  If its a celebrity name, chances are that you will lose in court. I had a similar situation with a domain name and when I was contacted by the attorney, I told him that I would make sure that the case was delayed as much as possible and that it would cost his client a minimum of 5k just to get me in the court, or we could avoid a lawsuit and work something else out, I would sell his client the domain name for 5k instead, within 24 hours I got a fedex with a check for 5k. I've also been sued for a domain name and had to give it up with nothing in return. It can go either way, but I would try to sell it before having it yanked from you. Someone goes bitching to ICANN with an attorney and they don't even need to take you to court to get your domain. Good luck, check with a local attorney just to cover your rear end.
  
  Thanks
  
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CDarklock 13 years ago

Originally Posted by gjd6599

because there is no trademark on his name

You're mistaken on this point. All personal names come with inherent trademark rights under U.S. law; you always have the right to use your name to represent yourself and your business.

Case in point: Scott Adams the game developer (author of Pirate Adventure) is not Scott Adams the cartoonist (author of Dilbert). Scott Adams the game developer does not have a disclaimer on his website that he isn't the cartoonist. Scott Adams the cartoonist does have a disclaimer on his website that he isn't the game developer. This is because of a legal arrangement between their respective attorneys.

Note that both Scotts were, in fact, born and raised "Scott Adams" and it remains their legal name. Names which have been changed enjoy less protection. Names which are simply assumed (without legal proceedings) enjoy even less.

I cannot advise you on what to do because I am not an attorney, and even if I were an attorney I could not advise you because I would not be your attorney. Furthermore, you would need to speak to an attorney who is experienced in this area of law, and is licensed to practice law in your jurisdiction.

But I certainly hope you understand, with this new information, that you do in fact need to speak to an attorney.
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- davezan 13 years ago
  
  Originally Posted by CDarklock
  
  All personal names come with inherent trademark rights under U.S. law
  
  Originally Posted by kindsvater
  
  Per the US cybersquatting law, names count as trademarks, so you're already offbase, which is why I quoted that particular snippet above.
  
  But that's if the person is indeed using his name as a trademark, isn't it? I do
  not mind being corrected and I'm probably not looking hard enough, but I am
  unable to find anything under ACPA or the Lanham Act essentially saying that
  one has like automatic trademark rights to his/her name.
  
  To gjd6599: while not a lawyer like kindsvater, I also agree with his question
  as to why you bought that particular domain name. And like everyone else, it
  is best you talk to a lawyer with real-world experience with this.
  
  Good luck.
  
  Thanks
  
  2 replies
  
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  David
  
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  CDarklock 13 years ago
  
  Originally Posted by davezan
  
  But that's if the person is indeed using his name as a trademark, isn't it?
  
  Yes. And you have used your name to represent you and what you do for your entire life. Right?
  
  So has everyone else.
  
  Originally Posted by davezan
  
  I am unable to find anything under ACPA or the Lanham Act essentially saying that one has like automatic trademark rights to his/her name.
  
  The Lanham Act does expressly forbid a trademark which:
  
  "Consists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent"
  
  Thanks
  
  1 reply
  
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  "The Golden Town is the Golden Town no longer. They have sold their pillars for brass and their temples for money, they have made coins out of their golden doors. It is become a dark town full of trouble, there is no ease in its streets, beauty has left it and the old songs are gone." - Lord Dunsany, The Messengers
  
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  davezan 13 years ago
  
  Originally Posted by CDarklock
  
  Yes. And you have used your name to represent you and what you do for your entire life. Right?
  
  So has everyone else.
  
  Ahh, now I get you. Then again, ACPA had been expanded to protect personal
  names also, though to a certain degree.
  
  Thanks
  
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  David
  
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  kindsvater 13 years ago
  
  Originally Posted by davezan
  
  But that's if the person is indeed using his name as a trademark, isn't it?
  
  Dave, good question.
  
  15 USC sections 1125(d) and 1129 refer to a personal name being protected by the cybersquatting statute.
  
  Section 1129 refers to selling the domain to the person with that name.
  
  Section 1125(d) refers to "a personal name which is protected as a mark under this section."
  
  This is a little ambiguous. It could be read to mean a personal name is protected as if it were a trademark. Or that a personal name is protected, as you said, if it is being used as a trademark.
  
  My understanding is the former is correct. However, at least one court has taken your understanding as the correct legal position.
  
  Here is a good discussion of this by someone who was involved in a case regarding the issue:
  
  Personal Names and the ACPA « The Legal Satyricon
  
  Also, there hasn't been a reason for me to research any recent cases on this topic.
  
  Thanks
  
  1 reply
  
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  davezan 13 years ago
  
  Brian K,
  
  Heh, exact same thoughts as yours on that. And that's if that person the OP's
  referring to decides to sue under ACPA or Section 1129.
  
  Slightly different yet more established standards, of course, if that person opts
  for UDRP instead.
  
  Thanks
  
  1 reply
  
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  David
  
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  bestvpnservice 13 years ago
  
  you must contact godaddy.com they will tell u
  
  Thanks
  
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Scott Skinner 13 years ago

GET A LAWYER
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kindsvater 13 years ago

Originally Posted by gjd6599

and because there is no trademark on his name, he is wrong to ask for it back.

Why did you buy the domain?

SamSnorglepussGolfTips?

or

TigerWoodsGolfTips?

Big difference. Yet each just a name.

And for some reason at least 3 people are interested in this domain:

1. The prior owner.
2. You.
3. The person with the name.

(Though #1 and #3 may be the same person.)

Per the US cybersquatting law, names count as trademarks, so you're already offbase, which is why I quoted that particular snippet above.

For UDRP domain disputes, a name can be a trademark - if you're Tiger. Not if you're Sam.

Finally, for numerous reasons you're not going to get legal advice on the forum.
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Michael Mayo 13 years ago

Glenn, I understand you needing to ask the question although asking and
taking Legal advise in a public forum is not a good ideal.

You should ask an attorney in your area what you can/should do.

If you receive an answer here in the WF you have nothing to fall back on if
the answer was incorrect. With a lawyer in your area you would.

Avoid bad/incorrect answers in serious matters such as legal advise.

Good Luck,
Have a Great Day!
Michael
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Michael Mayo 13 years ago

Brian, I did not see you had posted prior to my post above so to the OP,
You can listen to Brian (?eg, kindsvater ) He knows the law.

Have a Great Day!
Michael
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