Domain name rights

My last name

[monkeythumpa]

If my last name is "Allwidgets" do I have the right to the domain name Allwidgets.com/org/net? What would I have to do to get it?

[mcavic]

No, you don't have rights to it unless it's a trademark. Even then, I believe you'd have to show that you have more of a right to the domain than the current owner, and that the current owner registered the domain in order to extort money from you or damage your business.

You can always offer to buy it from the owner, but their asking price could be $3000 or more if it's a really good name.

[snsh]

You have rights to it, but not exclusive rights. You can't sieze the domainname from someone else unless you are famous (like schwarzenegger) and the owner's website is deliberately confusing (selling Terminator dvd's).

If the lastname is a registered trademark, then the law won't stop you from registering the domainname in good faith, but the law can prohibit you from using it to provide certain services in good or bad faith. For example, if you last name were schwabb and you acquired schwabb.TLD, you could use the domainname to sell books, but not finance-related books.

[tbear]

I believe that in Spain you would have rights to the .es name, assuming that someone else with the same name or company name hasn't claimed it first.
It used to be, and may still be, the case that you had to present company registration or birth certificate to claim an .es name.
Could be the same in other countries, but I doubt it, Spain is so............. different.

[Webwork]

Serious questions about trademark, just like questions about brain surgery, aren't answered by webmasters, even by those of us that have also been practicing law for 20 years and doing a little brain surgery on the side ;-).

When you're serious you'll ask a trademark lawyer.

[davezan]

You'll get more specific answers when asking a trademark attorney. But let me state this.

The only one who has rights to a domain name is whoever is listed as the registrant and
consistently pays for it. But other people or companies can wrest ownership of it from
another if they can prove they have greater rights.

[monkeythumpa]

Well, the domain brings up a 404 error so I decided to WHOIS the holder and make them an offer. I figured they aren't using it so they might sell it to me. But the email bounced and the mailing address and phone number are obiously ficticious. It says it is registered by AllWidgets Media but I can't find an address or website or contact for that company (apperently a dot com casualty).

Do I have any other options if I really want this domain? I remember something about registrars voiding ownership if the contact info is bogus. Is this true?

[snsh]

start by filling out a "whois data problem report" and complaining to abuse@ the registrar. the complaint then might or might not go anywhere, but i don't think there's any drawback.

[monkeythumpa]

Well I emailed Network Solutions and they were very unhelpful. They said they don't have an abuse form and there is no other contact info on file. Since they were not violating their terms of service there is nothing they can do, since it is paid up to 2011.

I emailed them and reminded them that it was against their terms of service to provide phony contact info.

I haven't heard back.

[Gd196]

your last name is vague so good luck trying to get the domain because it can mean a lot of things not a last name .