There is the ICANN Uniform Dispute Resolution Policy. If you had squatted danniminogue.com, and it could be proved that: (i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and (ii) you have no rights or legitimate interests in respect of the domain name; and (iii) your domain name has been registered and is being used in bad faith. then it is likely that the domain name would be transferred to its legitimate owner. Must prove all three elements. As far as bad faith is concerned, the following four grounds (without limitation) are evidence of registration and use in bad faith: (i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or (ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or (iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or (iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location. jeanettewinterson.com and juliaroberts.com are just a couple of examples where this procedure has been successful for the complainant (cf sting.com!). For more info on the UDRP visit wipo.int. The liability of registrars for contributory infringement in domain name proceedings was rejected in the US in Lockheed Martin Corp v NSI I don't know much about audomains.com policy, but they would most likely have disclaimers in place (whether they have any effect or not is another question). Bill Ladas, Lawyer > -----Original Message----- > From: anthony white artwork [SMTP:anthonywhiteartwork§hotmail.com] > Sent: Tuesday, 3 October 2000 11:08 > To: dns§auda.org.au > Subject: [DNS] AuDomains.com > > What about the idea of selling names like of the Bardot girls or > JohnNewcombe.com & DanniMinogue.com > > Shouldn't these people be sueing www.audomains.com ?? > > Anthony > > -- > This article is not to be reproduced or quoted beyond this forum > without > express permission of the author. You don't know who really wrote it. > 350 subscribers. Archived at http://lists.waia.asn.au/list/dns > (dns/dns) > Email "unsubscribe" to dns-request§auda.org.au to be removed.Received on Tue Oct 03 2000 - 06:44:06 UTC
This archive was generated by hypermail 2.3.0 : Sat Sep 09 2017 - 22:00:04 UTC