I don't understand? I can't just take it back from them? besides, they haven't offered to sell it to me. If I contact them about it, there's no telling how much they would want for it...
Under what grounds could you possibly take it off them by?..
That's why i'm asking everyone's thoughts. is there nothing I can do?..
Not unless you have a trademark no.
Contact them and see what they say...
I would guess that my trademark would be my firstmiddlelastname. that's what i'm known publicly by. I used to be in bands, but when we played live, first wee were only the so and so's, then we were publicly billed as my firstandlastname and the so and so's.
When I released my first solo project, I started using my firstmiddlelast name instead so that it wouldn't be confused with the bands I was in from when it was my firstandlastname and the so and so's, and then after I went solo, it was me solo as firstmiddlelastname but because I was performing the same songs as firstlastname and the so and so's...and I just started to use my middle name as well to make it so it wasn't confusing to the public...
Dude the name dropped you dont even use it as a current mark. Even if you went back to it you still wouldnt be able to get it back. I promise you arent famous enough for it to matter. if so you wouldnt be posting here. Pay the guy or let it go. pm me the name and I will contact the guy for you and see what he wants..
So they can sell adult toys and I can't do anything but buy the name back? I can't sue?..
Sue of what basis? wouldn't it be easier to make them an offer?.
That's kind of what i'm asking.
Is there any way to get that domain back?..
Either consult a lawyer or use that money to buy it back. Sounds like you're making enough...
I never officially registered it, but maybe my old manager did. do you all know where to see that kind of info?..
Where can I conduct a trademark search?.
You may conduct a search free of charge on the USPTO website using the Trademark Electronic Search System (TESS) If your mark includes a design element, you will have to search it by using a design code. To locate the proper design code(s), please consult the Design Search Code Manual.
You may also conduct a trademark search by visiting the Trademark Public Search Facility, between 8:00 a.m. and 8:00 p.m. at Madison East, 1st Floor; 600 Dulany St.; Alexandria, VA 22313. Use of the Public Search Facility is free to the public. You can also conduct a search at a Patent and Trademark Depository Library near you. For locations, click PTDL.
Source: Trademark FAQ.
It is not registered. is it too late to try and register if I haven't used the firstandlast name for business in over 5 years?..
Even if you got a trademark, it doesn't sound like they would be infringing it. So, as everyone else has said, you should buy the domain off of them. If you don't believe us, consult a domain lawyer...
UDRP is an option if you can demonstrate they have registered the name in bad faith .ie capitalizing on your notoriety in some way...
Yeah, but I don't have anything to do with adult toys. how would that be capitalizing on my notoriety?..
Kingsize, If you're truely concerned on this that you want some serious advice, save yourself a lotta bull with clueless opinions, and consult a domain legal eagle like John Berryhill or Howard Neu etc. (I know JB posts here.) If you want it stopped, you'll probably end up paying somebody for it, be it the present owners or the lawyers, but short of that, your options are few.
Curious, are they using the name for the toy website name, or is it just a redirect (for the traffic)?..
Another thing to consider, OP: how unique is the first name-last name?.
If your name's unique like Andros Deimos and used as a trademark (and it.
Sounds like you're indeed utilizing your name as one), then you can file.
A UDRP and hope for the best. If your name's arguably common like Andrew.
Davidson, then it might be difficult to show if the domain's registrant is.
Somehow "exploiting" your name for his commercial benefit.
Truth is, your only options are to try to buy it from the registrant, go.
File a UDRP, or even sue him. Unfortunately, none of them are guaranteed.
To get the name.
Unless, of course, some lawyer knows some law we're not aware of. Has.
Any person "complained" to you about someone selling adult toys?..
If you file a case with wipo, which is an arbitration panel for domain disputes, it will cost you $1500. The application can be done online without sending any documents by post.
If the domain owner doesn't respond you will get the domain. Example: WIPO Domain Name Decision: D2007-1886.
If he does then you need to prove a few things to get the domain...
Completely not true. There are many cases where the respondent doesn't reply and gets to keep the domain. It still has to follow the rules of arbitration and the criteria have to be met whether or not the respondent replies to the complaint. It's not parking ticket court. Post added at 07:07 PM Previous post was at 07:04 PM Kingsize,.
You should go to the UDRP section of the WIPO website and read some cases and some of the material covering what would constitute the three elements that have to be met for a domain to be given to you. If I was selling plastic d&%ks and had never heard of you and you aren't particularly famous I might ignore you...or sell you a plastic d*%k...
You have no legal right to the name, you will have to buy it, it's not worth wasting the money on a UDRP.
They may only want $200 for it? You don't know until you try?.
You have 3 options.
1. Ask nicely.
2. Make an offer (don't mention your business) and pay the man..
3. Change your name.
Or better yet .... come up with a keyword name for their adult business and do a trade. Explain why the keyword DN would suit them much better for SEO purposes than your name...
Someone who is using his name to sell sex toys would laugh about 200 bucks offered....imho they know that he is an entertainer or why would they sell the toys other than his name would be like "peter dild0" or peter an#! ?
It think it boils down to when they registered his name, did they do it after him being an entertainer and became somewhat known?.
On the other side OP, don't even go the route of thinking about reverse hijacking the name(register the TM to go after the name), this is almost worse than what they are doing...
Anyway, your best bet would be to talk a real lawyer who is more seasoned than us "wannabeneverattendedlawschoolinternetforumposters " lol.
You never know until you ask, my point is it might be cheaper than a UDRP, especially when you probably wont win anyway..
And the third option is free but he has to search godaddy before he chooses his name..
It is a common firstandlastname. I know for a fact that there are many people with it. i''ve put an offer in. I'll let you guys know.
Thanks for the help...
So you needed a whole page of posts to figure out you have no more rights to it than someone else?.
Hopefully you put in the offer with an email account that has nothing to do with you. Selling domains is about knowing the buyer. You want to pay wholesale for the name, not end user price. Make sure they know that...
The only solution I have in mind is to purchase it. I think that those guys won't overprice for that small deal...
LOL. Ask him how much he wants. Without wanting to out your name, if the owner in the whois is named Eddie, he's going to tell you $500 firm. I actually ran into the guy twice in the last two years he has hundreds of personal name domains that are all redirecting to porn/sex toy type of stuff. I doubt that he makes much in affiliate commissions, but getting $500 a pop from people who want to stop having their name redirect to Exxxtreme Panda Tentacle Rape or whatever is a pretty lucrative model.
Tacky as hell, but in no way illegal.
Hmmm, not illegal? what about defamation/slander or extortion?(if you don't give me 500 bucks I will continue to use your name with so and so many searches in the internetz for my porn products)...interesting to hear others opinion about this.
@Liquid, the defamation/slander approach seems kind of like a joke, I mean there's bound to be dozens/hundreds/thousands of people with the FirstAndLast name combination in question, so how would any one of them prove they were the specific target of malicious intent?.
As for extortion, it sounds like the person's model is to register and use the names, then wait for people to come to him. So the scenario here is someone approaches a domain owner and inquires about one of their properties, doesn't like the price quoted, and cries foul. That's not extortion, it's business.
I agree that it's a bottom-feeder's model and tacky as hell, but that doesn't make it illegal, just immoral by my own standards...
It may or may not be illegal, but it sure as heck demonstrates bad faith. I'd be inclined to sue the guy just so I don't reward his behavior.
Any half-way competent attorney should be able to handle this, surely...
It's not illegal, and it's not bad faith. Personal names are generally non-unique, and an "unusual" name is extremely hard to qualify. I've been around this block a few times in both directions both as someone hoping to acquire a name domain, and as someone owning other people's names. No one is going to benefit from a legal action instigated by the OP aside from a few lawyers.
Unless you are an extremely well known celebrity, your best best would just be to suck it up and buy the domain. Technically, you do not own rights to your own name because there is a great chance that many people also share your name so the company doesn't owe anything to you in particular. However, your case may hold up in the court of law if your personal image is being tarnish and that in turn is hindering your career...