Re: UKNM: Domain Names

[David Mill]

Here's one recent example of a domain name dispute:


Madonna v Madonna.com


Singing superstar Madonna has won her battle to acquire the domain name

Madonna.com.


In the case of Madonna Ciccone, p/k/a Madonna v. Dan Parisi and

"Madonna.com", the WIPO Arbitration and Mediation Center ruled: "The

disputed domain name is identical or confusingly similar to a trademark in

which Complainant has rights.


"The Respondent lacks rights or legitimate interests in the domain name;

and the domain name has been registered and used in bad faith.  Therefore,

we decide that the disputed domain name, madonna.com, should be transferred

to the Complainant."



At 03:13 PM 10/13/00 +0100, you wrote:

Hi


Just had a phone call from a very worried client.  They have registered a

number of domain names (20+) some of which are registered trade names, the

domains all point to a not-for-profit information site.  Recently the trade

mark owner has contacted our client to say they had no right to register the

domains and to insist that they be 'deregistered'.


My understanding was that anyone can register a domain, in some cases they

can be subsequently forced to sell the domain on to a 'rightful owner' for

cost + admin.  Is this correct ?  Is there even such a thing as

'deregister'?


For the record : I did advise the client not to do this but they chose to

ignore this advice (they paid for the advice - I guess they can choose

whether or not to take heed of it!).  I believe they did it in good faith

though (as if it matters).


Thanks


David

______________________________

David Simpson

Pool.Net

www.pool.net

______________________________


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David Mill

MediaCo (uk)

www.media.co.uk


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