I own the domain name of an NFL player and now he wants it....

[powershare]

What is the name of your state (only U.S. law)? California

I purchased a domain name (.org site) of an NFL football player in April 2011.

Recently, his people contacted me to purchase the site from me. I countered their offer at a much higher price.

They apparently didn't like my offer, and contacted me today to let me know that they could take legal action against me. Since the website is his name he has full rights to the website. They said what I've done is called ‘Cybersquatting’, which is illegal.

Is this an action course of action they could take, or could I simply renew my annual dues and keep it? Just curious...I will likely move forward with their offer and sell them the domain...

Thanks for the insight.

Jack

 

[Zigner]

You probably should have accepted their offer...

 

[Proseguru]

Many people have the same name. Let them sue .. the best they'll get is the website ... you're just holding onto it, right?

I think that this is done all the time.

 

[justalayman]

the big question is: is the players name trademarked? If so, you will want to give up the domain for the best price you can get without getting rejected because they can and will get the name for little of nothing if you don't.

 

[Proserpina]

Believe it or not, these sports players can make the lives of cybersquatters very miserable indeed.


Think very expensively miserable.

 

[FlyingRon]

They don't need to sue. They belly up to the UDRP with a $100 filing fee and the domain will be handed over from those squatting on it in bad faith in a heartbeat.

 

[Hot Topic]

You're not a fan. You're a cybersquatter. You acquired the domain for one reason only: the expectation of making a lot of money off it.

Expect a lawsuit, and expect to lose.

 

[CCAScribe]

If you're actually using the website for your own use and not just holding on to it in an attempt to squeeze money out of someone, it's entirely legal for you to have it. But then, that's kind of a hard thing to prove.

 

[HomeGuru]

If you're actually using the website for your own use and not just holding on to it in an attempt to squeeze money out of someone, it's entirely legal for you to have it. But then, that's kind of a hard thing to prove.

**A: huh? You are way way off.

 

[FlyingRon]

The issue is not whether SOMEONE else might have rights to the name but if you do. There is some leeway given to fan sites. What are you doing with the domain?

 

[quincy]

Registration of a domain name does not in itself create any trademark rights, nor will it automatically be considered infringing on the trademark rights of a trademark owner who holds rights in the same or a similar name. What registration of a domain name does is grant the owner of the domain name exclusive rights to use the name as their web address.

Another trademark owner does not necessarily have a legal right to prevent another from owning a domain name that is similar or the same to their trademark. The fact that the domain name owned by powershare is the same as the name of an NFL player will not be the deciding factor in any dispute over the name.

What can prevent the use by powershare of his domain name is proof that he as the domain registrant is a cybersquatter (one who registered the name with the sole intention of selling it back to the holder of a trademark with that name), or if the domain name is shown to have caused consumer confusion or there is a likelihood of causing consumer confusion by its use, or if the trademarked name being used as the domain name somehow dilutes a famous trademark through its own use in a commercial way (through the sale of goods and services) which harms in some way the reputation of the famous mark, or, finally, if the domain name holder fails to pay the necessary fees for renewal of the name.

Because powershare's purchase of the domain name is a fairly recent one, the purchase of the domain name may call into question the reason for its purchase. However, if powershare is using the domain name as an address for his website which has as its purpose a legitimate and non-conflicting use, the NFL player may have a difficult time legally wresting away from powershare the name. Powershare would be in a position to sell the name, or not, as he sees fit - or at least support his use of the domain name should there be an actual legal challenge made.

The answer to FlyingRon's question ("What are you doing with the domain?") is an important one.

Edit to add: Because the domain name purchased by powershare is identified as a ".org" domain, the use is for nonprofit organizations. A ".com" designation would be for commercial enterprises or ".biz" for businesses. This is not always strictly enforced. The ".edu" and ".gov" endings among a few others, however, are strictly enforced.