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Exploring Rules and Options Against Domain Misuse

Started by Kralj187, Aug 11, 2023, 07:09 AM

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Kralj187Topic starter

Can legal action be taken against the owner of a website for using my last name as the domain and profiting from it?

Are there any regulations in place regarding the protection of surnames? If not, what options do I have to address this issue? It's not just his last name, but he is making money from it. If he has established it as a brand, shouldn't I be entitled to a share of the profits?

Is there anything that can be done in this situation? I am seeking advice from knowledgeable individuals who can guide me through the process of suing him. Is there anyone who can assist with the legal case and support its promotion? In return, I am willing to share the proceeds.
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StassePlaiste

Regarding the use of your last name as a domain and profiting from it, whether legal action can be taken depends on several factors, including the jurisdiction you are in and the specific circumstances surrounding the case. In general, using someone's last name as a domain can potentially infringe on their rights, especially if it leads to confusion or misrepresentation.

Regulations regarding the protection of surnames vary across different jurisdictions, so it is important to consult with a legal professional who specializes in intellectual property law for advice specific to your situation. They can assess the details of the case, such as the extent of the profit made and the potential harm caused, and guide you through potential legal actions.

If you decide to pursue legal action, you may want to seek the assistance of an attorney experienced in intellectual property law. They can help you understand the available options and support you throughout the process. Keep in mind that legal cases can be complex and time-consuming, so it is important to have realistic expectations.

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arrodopek

If he took your photo as a poster from the only one, it is both possible and necessary.
The court registry will gladly accept poses from you to prosecute such an audacious individual. However, they will promptly request a receipt for payment of the State fee for upcoming legal proceedings.
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cunicjelly

In theory, you can file a lawsuit for any reason. The only requirement is to demonstrate that the name of the website is derived from your family name. However, this task is highly improbable and challenging.
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BomThalmotag

While there are no specific regulations in place to protect surnames as trademarks, the Anti-Cybersquatting Consumer Protection Act (ACPA) and the Uniform Domain-Name Dispute-Resolution Policy (UDRP) can be leveraged to challenge the owner's claim to the domain. The ACPA prohibits registering, trafficking in, or using a domain name with the intent to profit from another's trademark, while the UDRP provides a mechanism for resolving domain name disputes.

However, establishing a strong case against the owner will be challenging. You'll need to demonstrate that the owner is using your surname as a trademark, and that they're profiting from it without your consent. This might require showing a significant amount of revenue generated from the domain, as well as evidence of a legitimate business or brand established around the name.

If you decide to pursue legal action, you'll need to consult with an attorney specializing in intellectual property law. They'll help you navigate the complexities of the case and determine the best course of action.

From a technical perspective, you can try to contact the domain registrar or web hosting company to report the issue and request the domain be taken down or transferred to you. However, this approach is often unsuccessful, as the owner may have registered the domain through a proxy service or used a third-party registrar.
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