I'm not sure that historical "celeb" status would apply to today's protection. After all, the person depicted, is not famous nowadays, but was "way back when". If the name had been legally protected - maybe.
It would set a very interesting stage to shed light on historic relevance in domaining, though. This one is definitely one for JB, DNQ, Labrocca and the rest of our legal scholars here. I'm in way over my head on this.
Thx Mike, that is what I am hoping for., the pros weighting in..like I said, I don't want to hijack whatsoever...i just feel like this name sort of belongs to me... :-).
BTW, "After all, the person depicted, is not famous nowadays, but was "way back when".
The country my grandgrandgrandgrandgrandgrandgrandgrand forfather comes from has his name all over the city, streetnames, castle, fountain....when I even visited the country once and the locals heard my name they recognized it and bowed down....
Bowed down..? i'd say a good place to move to! you could run for mayor, run a coffee shop, something like that..
Is the domain name in question a:.
A. First name.
B. Last name.
C. First + Last name.
D. First, mid + Last name..
Hi there, it is only the last name.com...and it is nothing like Smith or Brown....more like Labrocca :-).
(The .net version is actually registered by someone with my last name, but there is no website).
Are you a celebrity ?
Think that there may be other people in this world bearing the same name, that are more or less well-known than you are..
Do you know if the current owner shares the same last name as you?.
If it's only a last name, I think it's almost impossible for you to UDRP this name. You've stated that "the website has nothing to do with our history, our /my name". So the owner is currently not benefiting from using you. Why do you think you deserve this name more than another person sharing the same last name as you? Is your last name so unique and rare that when people say your "last name" they mean nobody else but you alone?.
Disclaimer: I'm not a lawyer. I'm not offering legal opinion. Just some personal opinion...
Don't think you get predisposed rights to a domain name because of hereditary. If my last name was Roosevelt, and I was the direct descendant of Franklin Roosevelt, I'd have no more right to the name than a direct descendant of Teddy Roosevelt...or any other person named Roosevelt...or anyone else, for that matter...
Of course I am a celebrity, don't you watch me daily on E News??.
And yes, there are some others out on this planet who share my last name...but they are no celeb like me lol I don't know that because the registrant is a company.
And if he shares the same name then cool, he was smart then way back in 96..:-)...i wish I would have been that I don't think I deserve that name more then anyone else with my lastname, I just had an idea and it would have been sort of cool to posess my last name.com( I already have my first+lastname) :-) Thx verbster, that clarifies it for me :-).
Thx all for your input......
Sorry, but names in themselves are not protectable unless used in commerce. (IE Ford, Dell) Additionally, public/political names are generally fair game. IE-whitehouse.com was a pron site for a while and there was nothing the government could do to obtain it. It was only sold when the owners daughter hit her teens that he realized what he was doing was wrong.
So unless the name in used in the first scenario, you will have to pay up if you want it...
Entitlement...gotta love it sometimes.
Anyway, you got your answer, Frank. Move along...
"I don't think I deserve that name more then anyone else with my lastname, I just had an idea and it would have been sort of cool to posess my last name.com".
There is no reason some company should have to spend time, energy, or money playing games when they are not infringing. Perhaps it's best you just buy the name if you want it that much...
I allready moved on like Dave said.