Legal Question in Technology Law in Illinois

Re: Personal name domain registration

Domain name registration is first-come first-served, unless someone has prior trademark rights. It is perfectly legal to buy an available domain name for business purposes, even for speculation on the value of the domain name, provided the domain name would not infringe previously established trademark rights.

Unless your personal name was used by you as a service mark or trademark prior to the other person registering it, you will have no easy recourse.

Registering your name as a trademark requires use as a trademark, although application can be made based on a good faith intention to use. Use merely to preserve rights in a name is not good faith use. Your statements lead me to suspect you may have problems showing good faith intention to use the name in the ordinary course of commerce and not merely to preserve rights in the name.

You need to consult a trademark lawyer versed in internet law. There are a number of ways to improve your legal position, and a good attorney can save you lots of time, money and aggravation in the process. The fact that you are asking your question on lawguru tells me you know you are in over your head legally on this one. Get some expert help. It is not that expensive and will save you money in the long run.

I am an Illinois lawyer and expert in these areas and can easily help you. Alternatively, if you want a referral to another qualified trademark and internet expert, I will gladly also do that. I strongly recommend against trying to do this on the cheap by yourself, as you are headed for legal trouble unless you alter course.