National Arbitration Forum Resolves Domain Name Disputes

Saturday, November 1, 2008 - 00:00

The National Arbitration Forum (NAF) domain name dispute resolution program recently handed down three important decisions. Decisions are made by independent and neutral arbitrators on the NAF Panel in accordance with the Uniform Domain Name Dispute Resolution Policy (UDRP) of the Internet Corporation for Assigned Names and Numbers (ICANN).

Claiming two domain names, BudRacing.com and BudweiserRacing.com, infringed on its trademarks, Anheuser-Busch filed a claim with the NAF.

The issue of whether each domain was identical or confusingly similar to the BUD or BUDWEISER mark was found in Anheuser-Busch's favor. Evidence showed the domains were registered and used in bad faith to profit from the goodwill of the trademarks.

"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. The arbitrator found complainant satisfied all three required elements of the UDRP policy.

We The People LLC, a legal document service provider, filed a complaint against the registered owner of WeThePeople.com. The NAF 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, evidence was submitted demonstrating that the intent to establish the website was for the discussion of political issues and current affairs. The NAF agreed that the website was not registered or used in bad faith.

To file a claim see www.domains. adrforum.com.