Questions about domain names & rights

[stanger]

Hypothetical case:
I purchase and register a domain name. For an example, let's call it CertainPerson.com.
I put up a single page of content,; none of it obscene, libelous, etc., just basic information and links to other webpages concerning that person. No pictures, copied text or copyrighted materials.

This same name (CertainPerson) is used by someone as their moniker on various websites, such as MySpace, YouTube, etc., but the name and person are not really popular or well known.

If I interpret what I have read correctly, that person has effectively trademarked their name simply by using it often on various sites, even if not officially registered. I also know that some very well known people have been able to take a domain name away from someone because of legal right to the name, but that is usually famous people connected to well known names.

1) In my hypothetical case, can the user of the name prohibit me from owning and using a domain name containing their username? If they decide they want to use the .com domain name for themselves, will I have to give it up?

2) If a Google search is done for "CertainPerson", not "CertainPerson.com", what are the chances of the hypothetical webpage being on the first page of the search, if not at the top, as long as the name isn't very common? Will having a domain name help to put Google search results closer to the top of their listings?

3) Would there be other important issues regarding this that I should be aware of?

[kunilou]

You should familiarize yourself with the terms of the Anti Cybersquatting Protection Act which covers this particular area.

IANAL and am not even going to attempt to guess at any of your questions. There's a discussion of ACPA here and here.

[stanger]

Most of what I see pertaining to this is about using a well known moniker, or using the website to make a profit or to defraud, or leading people to another site and making them think it is related to an original site.

None of this would be happening. It is more a fan site than anything else. There is nothing to the hypothetical website that is profiting, defrauding or intentionally misleading anyone.

However, there may be other reasons that you could not use such a domain name, and I am asking about those. Not expecting legal advice other than opinions or other links like kunilou provided.

[Dan Norder]

Originally Posted by stanger

If I interpret what I have read correctly, that person has effectively trademarked their name simply by using it often on various sites, even if not officially registered.

That's highly unlikely.

Trademarks are words/phrases/images used in connection with a business to identify that person/company/product in the marketplace in a specific locality and for a class or type of product.

Based upon what little you've said, the name is not used for actual marketing in any real sense.

And even if it somehow were being used as a trademark, you'd be free to use the exact same words/phrases or images (though the image is trickier as it'd also likely have a copyright, but let's ignore that since that isn't your question) for your own purposes as long as it didn't infringe upon that person/company/product's rights. Meaning you could have a site up that was noncommercial, or even one selling something as long as it wasn't targeted to the same locality and marketing niche the other person used it for.

Originally Posted by stanger

I also know that some very well known people have been able to take a domain name away from someone because of legal right to the name, but that is usually famous people connected to well known names.

There have also been plenty of cases where the famous people tried and failed to take a domain away from someone else. You don't hear about them as often as the famous person's PR department doesn't send out press released saying they are losers. Depends upon if the name was really used in a trademark way and if the owner of the .com was infringing upon the trademark. A fan site alone, for example, has in some cases been deemed a legitimate use.

Originally Posted by stanger

1) In my hypothetical case, can the user of the name prohibit me from owning and using a domain name containing their username? If they decide they want to use the .com domain name for themselves, will I have to give it up?

Hypothetically, no. They can try, but it'll cost them money and their odds of winning aren't good.

Originally Posted by stanger

2) If a Google search is done for "CertainPerson", not "CertainPerson.com", what are the chances of the hypothetical webpage being on the first page of the search, if not at the top, as long as the name isn't very common? Will having a domain name help to put Google search results closer to the top of their listings?

Depends, but it should be rated much higher than sites with some other domain name on the same topic.

Originally Posted by stanger

3) Would there be other important issues regarding this that I should be aware of?

Depending upon the usage it could also be considered harassment or fraud. Despite the legal situation, many people would consider intentionally registering the nickname of someone else to get hits in search results to be highly immoral, so you could find yourself being perceived as the bad guy. And, again, depending upon usage, you would in fact be the bad guy, even if nobody could do anything about it legally.