MINNEAPOLIS, Oct. 14 /PRNewswire/ -- http://www.domain-disputes.com
-- The National Arbitration Forum domain name dispute resolution program
recently handed down decisions regarding the rights to BudRacing.com,
BudweiserRacing.com, Patrick-Dempsey.org, and WeThePeople.com. Decisions are
made by independent and neutral arbitrators on the National Arbitration Forum
Panel in accordance with the Uniform Domain Name Dispute Resolution Policy
(UDRP) of the Internet Corporation for Assigned Names and Numbers (ICANN).
"At a time when court dockets are overcrowded and attorney fees are
increasingly unaffordable, the National Arbitration Forum domain program
offers parties the best option for speedy and cost-effective dispute
resolution," said Kristine Fordahl Dorrain, Internet Legal Counsel.
BudRacing.com and BudweiserRacing.com
Claiming two domain names infringed on its trademarks, well-known beer
brewing company Anheuser-Busch filed a claim with the National Arbitration
Forum on July 8, 2008. The National Arbitration Forum arbitrator found Pen
Media LLC to be the current owner of BudRacing.com and BudweiserRacing.com,
the domains in question.
The issue of whether each domain was identical or confusingly similar to
the BUD or BUDWEISER mark was found in Anheuser-Busch's favor. The arbitrator
found Pen Media evidenced no legitimate use of either domain. In fact, both
websites were used to attract traffic from Internet users "looking for
Complainant's famed or well known marks by themselves or in connection with
sports events such as motorcycle and/or car racing." Evidence showed the
domains were registered and used in bad faith to profit from the goodwill of
the trademarks.
Both BudRacing.com and BudweiserRacing.com were ordered to be transferred
to BUD and BUDWEISER trademark owner Anheuser-Busch on August 21, 2008.
Patrick-Dempsey.org
On August 1, 2008, Grey's Anatomy television star Patrick Dempsey filed a
claim for rights to Patrick-Dempsey.org against domain name owner Jennifer
Frisby.
Mr. Dempsey claimed the domain was identical to his trademark PATRICK
DEMPSEY. Upon review the National Arbitration Forum arbitrator agreed, noting
the domain "contains Complainant's mark in its entirety." Further, the
arbitrator ruled Ms. Frisby had no rights or legitimate interests in the
website. While she used the domain as a fan site, the arbitrator found she
profited from Patrick-Dempsey.org via pay-per-click ads. This proved the
domain was being used in bad faith.
Accordingly, the arbitrator found Complainant satisfied all three required
elements of the UDRP policy. Patrick-Dempsey.org was ordered to be transferred
to Patrick Dempsey on September 5, 2008.
WeThePeople.com
On July 23, 2008, legal document service provider We The People LLC filed
a complaint electronically with the National Arbitration Forum against the
registered owner of WeThePeople.com. Respondent Michael C. Mason, of Essentia
Legal P.C. requested a three-member Panel be appointed to the case.
The Panel found We The People's trademark to be two-fold, consisting of
the WE THE PEOPLE text and a design, and ruled the domain name was not
identical or confusingly similar to the mark because it was not reflected in
its entirety. Further, Mr. Mason submitted evidence demonstrating his intent
to establish the website for the discussion of political issues and current
affairs. Panelist Bernstein dissented from the Panel with regard to its
holding on the first two elements though agreed with the last. The entire
Panel agreed We The People had not proven Mr. Mason registered or used the
domain in bad faith.
As such, the Panel denied transfer of WeThePeople.com on September 19,
2008.
To file a claim see http://www.domains.adrforum.com. Questions regarding
domain name dispute resolution or e-commerce arbitration may be directed to
domaindispute [at] adrforum.com. Media please contact Christina Doucet at
952-516-6486 or media [at] adrforum.com.
About the National Arbitration Forum (FORUM)
Based in Minneapolis, Minnesota, United States, the National Arbitration
Forum is an international leader in arbitration and mediation services. An
innovator in the industry, the National Arbitration Forum was appointed an
approved provider of the Uniform Dispute Resolution Policy (UDRP) by the
Internet Corporation of Assigned Names and Numbers (ICANN) in 1999. Since
then, over 10,000 domain name disputes worldwide have been filed through the
National Arbitration Forum's state-of-the-art case management system, now
optimized by Forthright. For more information, visit
http://www.domains.adrforum.com.
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