Domain name of other's last name - can they legally take it?

[siteguy]

Hi,

I own a website of a very popular last name (for example: Smith.org) that I bought a few years ago. My last name is not Smith, but I have developed the site to become a fairly large news & entertainment authority site that gets a lot of search engine traffic every day now. The site has gotten to a point where I have placed some ads on the site and they are making money.

Can someone with the last name Smith or a famous person with the last name Smith take away my domain claiming that I am infringing on THEIR last name and thereby must give up the domain? (Maybe Will Smith or someone like that?) If yes, then what do I have to do to protect my site as much as possible from being taken away?

Thanks.

 

[army judge]

You own the site and the rights to use it.

If a Smith wanted it, he could sue you, but would lose.

If Smith wanted to use it, Smith would have to purchase it from you.




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[Michael Wechsler]

You own the site and the rights to use it.
If a Smith wanted it, he could sue you, but would lose.
If Smith wanted to use it, Smith would have to purchase it from you.

If it is just a last name, it would be extremely difficult if not impossible for someone with a surname to sue you for the name alone. Unless there is a likelihood of confusion with your going into a business which may have someone else's trade name (e.g. smith's fine ketchup since 1884 and you just happened to go into the ketchup business) you should be safe. Then again, we don't know the details to give you a solid answer.