Can I reclaim <myname>.com from a domain brokerage?
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A domain brokerage has offered to sell me a domain name containing my first and last name for about $2,500. I feel that since the domain contains my name, and the present owner has no compelling claim to it, I should be able to purchase it for the usual fee, or at least a less outrageous sum. Is there any way to do this without filing a lawsuit? Edit in response to Mircea's question: my name is not unique - there is one well-known celebrity with the same name, which is probably why the buy-now price is so high. But the broker currently holding the domain does not have any claim to use the name. There is a provision in the UDRP that states that a domain transfer can be initiated if the registration by the current holder is part of a pattern of registerring domain names similar to existing trademarks, with the intent of selling the domain to the holder of the trademark for an inflated price. This seems to be what they are doing (even though it's the celebrity, not me, whom they're likely trying to scam). So I think I'd win a UDRP. Here's a better question - what kind of flexibility am I likely to find in haggling? Of course, I'd have a friend approach the registrar to obscure the reason for my interest.
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Answer:
Unless you are a famous person with a unique name that has established a 'brand' around your name, the answer is probably no. You'd need to ask a lawyer, but I don't believe there is any legal basis that would allow you to win a lawsuit. That's because there are few limitations on the kinds of domain names a person can purchase - trademark infringement being the chief limitation. You might consider offering them a lesser amount and seeing if you can negotiate a better price. Not sure which extension you are talking about (.com orĀ some other), but you might consider purchasing a different extension for your name. One common option for personal names is .me.
John Kenney at Quora Visit the source
Other answers
I think John is correct: no brand, probably no case.
Mike Nardine
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