Cengage Advantage Books: Fundamentals of Business Law Today 10th Edition by Roger LeRoy Miller

Exercise 22

Can a Sole Propri etor Change His Name to Match His Domain Name?
Often, the name of a Web site can determine the degree of commercial success of that online site. Not surprisingly, there are unending legal disputes over who owns domain names. There are also disputes about the assignability of domain names. Once the Internet Corporation for Assigned Names and Numbers (ICANN) assigns a domain name to its owner, can that owner then change his own name to that of his domain name?
Introducing Mr. NJweedman.com … As absurd as this may sound, Robert Edward Forchion, Jr., applied to the courts to change his name to that of his Web site, NJweedman.com. Forchion has devoted his entire adult life to promoting the legalization of marijuana. In fact, while living in New Jersey-where he legally owns the Web site name NJweedman.com-he became known as NJweedman. Not surprisingly, the Web site discusses his efforts to legalize marijuana.
In 2009, Forchion left New Jersey, claiming that he was fleeing political persecution for his support of the legalization of marijuana. He moved to Los Angeles, California, where he has managed a Rastafarian Temple, as well as a medical marijuana dispensary. (California is one of nearly twenty states that allow the legal distribution of medical marijuana.)
Court Rulings on the Name Change Petition
While a resident of New Jersey, Forchion petitioned a New Jersey Superior Court, Law Division, to legally change his name to NJweedman.com. The Law Division denied his request, and he appealed to a state appellate court that ultimately accepted the trial court's decision.
After Forchion moved to Los Angeles, he again petitioned another court to change his name to NJweedman.com. The Superior Court of Los Angeles County denied the petition. Forchion appealed, but to no avail. The appellate court confirmed that even if Forchion spelled out his new name as "NJweedman DOT COM," such a name could cause confusion if Forchion ever lost control over his current domain name to somebody else.
Additionally, this type of personal name might be so similar to another Web site name or a trademark that its multiple uses would create confusion. In any event, granting Forchion a new personal name that is the same as a Web site advocating that individuals violate the law should not be permitted, even in California.
Critical Thinking
If the courts had allowed Forchion to change his name to NJweedman.com , what, if any, complications would this present to the ICANN system of assigning domain names? Discuss.