I won’t be changing my personal name to DomainNameWire.com anytime soon.
Here’s an interesting court decision handed down by the Court of Appeal in California.
Robert Edward Forchion, Jr., a self proclaimed “dedicated marijuana lover”, wanted to change his statutory name to NJWeedman.com. He has gone by the name NJWeedman for a while and operates a web site at NJWeedman.com.
The appeal court affirmed that Forchion can’t change his name to NJWeedman.com. Among other reasons, he might fail to control the domain name in the future.
A statutory name change to NJweedman.com would last indefinitely. But Forchion might lose the use of his Web site by failing to make periodic registration payments or by breaching the registration agreement. In that event, the Web site name (NJweedman.com) could be registered to someone else and, at the same time, Forchion could keep his new personal name (NJweedman.com). If both parties used that name to conduct business, confusion might result. Further, even if Forchion were allowed to adopt NJweedman.com as his personal name, and he properly maintained it as the name of his
Web site, the name might be so similar to another Web site name or trademark that the multiple usage would create confusion.Alternatively, the name change would associate Forchion‘s new personal name with the Web site‘s advice that individuals violate the law in several respects. A name change should not have that consequence.
(Hat tip: Bret Fausett)
RaTHeaD says
yeah… like there couldn’t ever be two john smiths. i honestly believe judges are getting dumber and dumber.
jp says
As stupid as this case is in the first place the decision manages to be even dumber.
Can’t you name your child whatever you want in America? Even without regard to trademarks? Do corporations really come before what you can name a baby?
He should name his next child NJWeedman.com
Jason Thompson says
Sounds like this decision could be questionable. As jp stated you should be able to change your name to whatever you want. Weedman or not he might have a chance to fight this and win some money in the process.
John Berryhill says
Nobody ever said that to Yahoo.com.
After all, corporations are people too!
Lol says
Lolol
Berryhill nails it
Again
Just guessin says
I am guessing that NJ isn’t operating a lawn maintenance company and that the kind of grass/weed that he deals in may be of a different strain
Domisfera says
This is the second attempt at least:
http://www.mapinc.org/drugnews/v04/n694/a06.html?66916