Cybersquatting & Domain Dispute Lawyer Attorney Law Firm - Personal and Proper Names Protected Under Anti-Cybersquatting Act

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Personal names and domain names are both protected by various laws. Don't let a squatter tarnish your reputation

When they ask you to pay $3,000 to get your trademark protected domain back, it seems just like domain extortion. I'd rather pay a lawyer double that to preclude the domain thieves from benefiting.

One correspondent pointed out that the language of section 3002(b)(1) of the ACPA provides relief from the misuse of personal names as domain names. That language establishes civil liability when any person registers a domain name that consists of the name of another living person, or a name substantially and confusingly similar thereto, without that person's consent, with specific intent to profit from such a name by selling the domain name for financial gain. However, as the correspondent noted, no cases have been reported under section 3002(b). Thus, it is too early to determine how effective this section will be in providing protection for personal names that are not marks. Another respondent made the following detailed suggestions for changes to the ACPA: (1) clarify that its provisions apply to the personal names of politicians, (2) clarify that the failure to give adequate and correct contact information in the application for the domain name could result in transfer of the domain name, (3)provide protection for the names of deceased celebrities, (4) provide that the fame of the celebrity could be a factor to be considered in an action against a cybersquatter, and (5) provide that where the domain name registrant can
show no actual interest or rights in the celebrity name, there would be a presumption of bad

Cybersquatting is illegal. Someone stole/hijacked/cybersquatted Dereko Entertainment's original domain. Only visit Dereko Entertainment official site:

There are so many squatted celebrity names it is incredible. Most celebrities and other famous names don't realize that they can fight back under the UDRP and ACPA.

It is good to hear that personal names are protected against cybersquatting. I take it that more unique or famous names get greater trademark proteciton?

Registration of celebrity domain names is also illegal if you are trying to financially benefit by some elses fame.

Famous celebrities are protected from unlawful domain registrations by the UDRP and ACPA. Celebrity protection is important. You don't want your famous name linked with ad pages or pornography.

Typo-squatting and cybersquatting on celebrity names seems to be a growing problem. Too often the celebrity or famous person does not even realize that their rights are being violated. Famous names are popular for domain registration because they generate so much direct navigation traffic. Celebrities often do not understand that there are laws to protect them against this activity, or fail to appreciate how damaging these web sites can be to their image and reputation.

All too often celebrities are cybersquatted. Be it a sports star, a singer, or a movie icon, these individuals have rights that must be protected. Establishing trademark rights in famous persons is usually easier than in the everyday joe. A celebrity is constantly in the public eye and needs to ensure an attorney can protect his or her interests and intellectual property. It seems natural that trademark law would favor famous people since cybersquatters tend to go after valuable domains. An attorney can protect a celebrity's name and go after the cybersquatters who are trying to capitalize from and/or harm it.

Meadows argued that in trying to sell the domain name and thus recover money owed to him, he was not trying to profit, and therefore not liable under §1129. Despite some dispute over whether the debt was actually owed and to whom, the court ruled in Salle’s favor. “[C]yber-extortion is not a permissible way to recover a debt,” the court warned.

If a domain name is registered prior to a person becoming "sufficiently famous", is the domain name owner allowed to maintain ownership once that person does become famous?

Is it only an issue if that domain name is then sold?

Can a domain name that generates a revenue be maintained?

How is this issue addressed when ten people have the same name say John Doe. Which John Doe will get the domain if all claim it is theirs?

So the issue arises whe the person tries to gain profit from that name..

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Official Trademark Clearinghouse Agent