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Are first names protected?

by Rick Wagoner
2 replies
Hi folks,

I know that you cannot register someones full name and then try to sell it to them. But, is it legal to register a first name or nickname that is hooked on with another keyword and then sell that domain name to someone? For example 'MikeSellsCars'or 'BobWashesWindows'. Or, can you use a last name only to do the same thing?

Thanks-
Rick W
#names #protected
  • Profile picture of the author artwebster
    I know that you cannot register someones full name and then try to sell it to them.

    This is not true. You can buy any domain name that is available on the open market and register it. If Fred Fernakkerpan hasn't already bought fredfernakkerpan.com and you think he might like to buy it - then buy it and offer it to him.
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    • Profile picture of the author SteveJohnson
      Originally Posted by artwebster View Post

      I know that you cannot register someones full name and then try to sell it to them.

      This is not true. You can buy any domain name that is available on the open market and register it. If Fred Fernakkerpan hasn't already bought fredfernakkerpan.com and you think he might like to buy it - then buy it and offer it to him.
      Not if you are in any way associated with or can be sued in the U.S. Or if you ever visit after having been sued under the following (red letters my emphasis):

      The Anticybersquatting Consumer Protection Act (also known as Truth in Domain Names Act), a United States federal law enacted in 1999, is part of A bill to amend the provisions of title 17, United States Code, and the Communications Act of 1934, relating to copyright licensing and carriage of broadcast signals by satellite (S. 1948). It makes people who register domain names that are either trademarks or individual's names with the sole intent of selling the rights of the domain name to the trademark holder or individual for a profit liable to civil action. It was sponsored by Senator Trent Lott on November 17, 1999, and enacted on November 29 of the same year. The ACPA is codified at 15 U.S.C. § 1125(d).

      source: Anticybersquatting Consumer Protection Act - Wikipedia, the free encyclopedia
      So Rick, the short answer is NO, you can't do it.
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