Another fan site wins against a UDRP challenge

dtobias · Apr 25, 2004

See the patbenetar.com decision:
http://arbiter.wipo.int/domains/decisions/html/2004/d2004-0001.html

OK, it still rankles my sensibilities for proper TLD use that a .com domain wins on the basis of noncommercial fair use, but it nevertheless is a good decision to cite in all future cases involving legitimate fan sites being challenged by the celebrity named in their domains. Since I run a couple of those myself, I'm naturally interested in such cases.

I don't understand why Pat Benetar (or her management) suddenly chose to fight against her name being used on a fan site when she knew about the site for years and didn't object earlier, only requesting a link to her official site. This would seem to allow a laches defense to be raised, though this is not officially provided for in the UDRP. Also, celebrities suing their fans would seem to be an ill-advised move for P.R., regardless of their legal merits.

Ovicide · Apr 25, 2004

I enjoyed reading that decision. The respondent (or whoever represented him) knew what they were doing. The panelist seems fair-minded and reasonable.

dtobias said:
OK, it still rankles my sensibilities for proper TLD use that a .com domain wins on the basis of noncommercial fair use...

.org is for people who don't want type-ins.

Subdomains are only for routers.

draqon · Apr 25, 2004

The part that amused me is when the Panel considered the respondent's request for a finding of reverse domain name hijacking. The panelist said (not verbatim), "we think that Pat Benetar didn't write her own UDRP, it was handled by lawyers. Since a finding of reverse domain name hijacking would reflect badly on her as a person, we decline to find such a verdict"

Imagine if regular judicial proceedings were handled that way; Martha Stewart would have been found innocent because finding her guilty would have been a stain on her reputation.