E-Business: Domain Names - Bad Faith

Ian McMillan registered the internet domain name TrivialPursuits.net and won the right to continue using it, after a challenge from Horn Abbot, the makers of the board game, failed to stop him using the domain name. The makers of the Trivial Pursuits board game failed to obtain the TrivialPursuits.net domain name from the person who said he registered the name to lament life's loss of individual creativity.

This decision has gone against the long established principle that once a brand is "well known", the Uniform Dispute Resolution Policy (UDRP)1 part of the World Intellectual Property Organisation (WIPO), would be able to effect the transfer of the name. However, in this case, the panel was unclear about the intentions of the respondent, and his motive for registering the domain name. The panel did not believe that there was enough evidence to support an application for bad faith activity on behalf of the respondent.

Respondent Ian McMillan informed the WIPO panellist that he bought the name with with the intention of creating a website dealing with "the 21st Century's unique trivial pursuits, specifically the fact that most aspects of life now involve a commodity as opposed to individual creativity, from sex to salvation via surgery and sweeteners". Currently, the site is only one page long, and refers to the WIPO case as "a fine example of a quite unnecessary and utterly trivial pursuit," adding that more content will be added, "but at the convenience of my lazy nature."

There was little evidence of bad faith found by the panel, although McMillan does not appear to have intention of using the website.

Comment: Usually in cybersquatting cases where there "is no use of a sign in the course of trade" plus difficulty in establishing trade mark infringement or passing off, the UDRP approach is the recommended recourse as it is far cheaper and sometimes quicker.

If you require further information contact us.

Email: enquiries@rtcoopers.com

© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Rosanna Cooper is a partner in RT Coopers Solicitors. The firm is a full service commercial law firm covering areas such as E-Business, Education Law, Commercial Litigation, Data Protection, Intellectual Property, Corporate Finance and Commercial Contracts.

Contact us at enquiries@rtcoopers.com. visit our website at http://www.rtcoopers.com

---

Choosing Your Domain Name ? Internet Marketing

This is actually an important key to your business and... Read More

Whats in a Domain Name?

You've decided to start up your own website. You've weighed... Read More

Domain Names - How to Choose, and Register One

What is a domain name?A domain name is the address... Read More

Dot Com or Dot Net, Which is the Best Domain Name to Settle for?

When seeking domain names most people get confused over whether... Read More

Understanding The Value of Expired Domains

I would like to explain a few things related to... Read More

Domain Names Explained

If you are totally new to the internet then you... Read More

Choosing a Domain Name - One of the First Stops for Your New Website

So, what is a domain name, or simply a domain?... Read More

Why El Cheapo Domains Will Cost You Money

You want your own online business? Good because it's one... Read More

Your Domain Name, Your Business Address

Would you purchase anything from someone with a "@yahoo.com" or... Read More

Domain Name Registration Explained

Registering a domain name is a pretty straight forward process.... Read More

Domain Names More Choices than You Think

When you are choosing a domain name you will probably... Read More

How To Really Profit from Domain Names

Have you heard about domain names that sold for over... Read More

How to Choose the Right Domain Name

What's in a name? Everything! A domain name is the... Read More

How To Make Great Money Part Time Buying And Selling Domain Names - Part One

This truly is the business to get into in 2005.... Read More

Domain Name Strategies Maximize Profits

Whether you want to come up with your own original... Read More

The net-Domain: Backbone of the Web

We do not always realize that figures are just quantity... Read More

Think All the Good Domain Names are Taken?

Have you heard of the other tlds (top leve domains)... Read More

What?s In A Domain Name?

Choosing a domain name is a very important first step... Read More

Five Ways To Profit From Public Domain Information

Ever wondered why Walt Disney never got sued for intellectual... Read More

A Winning Domain Name

The domain name is one of the most important decisions... Read More

Domain Name Trademarks

As your Internet business grows, the value of your domain... Read More

The Sub-Domain - An Affiliates Friend

It's surprising, at least to me, the amount of Affiliates... Read More

The Power of Domain Names in Marketing

Purchasing your own domain is inexpensive and very effective for... Read More

Does the Length of a Domain Registration Affect Your Search Engine Rank?

Does the length of your website's domain name registration affect... Read More

How Can You Choose the Best Domain Name?

It's all in the NameThe domain you use for a... Read More

Before You Register a Domain Name for Your New Online Business...

Recently I made a mistake that may cost a great... Read More

How to Get Rich Playing With WORDS!

How many times have you read or heard on the... Read More

Selecting Your Domain Name - Things to consider

Selecting your domain name Selecting a domain name can be... Read More

The Growth of ru-Domains

The registry of ru-domains reports, that the number of domain... Read More

How to Win Expired Domains

Every day thousands of expired domain names come back onto... Read More

Know How DNS Works

Domain name Servers (DNS) are an important but invisible part... Read More

Got a Small Business? Choose the Right Domain Name

Choosing a domain name can be daunting. Research the subject... Read More

How to Profit with Domain Name Speculation

Domain Name speculation has become big business. According to recent... Read More