February 8, 2007; 02:07 AM
The National Arbitration Forum recently issued decisions on three
separate domain name disputes filed by Magic Johnson, MGM Studios and
New Pig Corporation.
"There is a continued demand for a quick, neutral and inexpensive way
to resolve Internet trademark disputes," said Curtis Brown, vice
president of the National Arbitration Forum, "the National Arbitration Forum usually resolves these complicated disputes in less than two months."
All three decisions were made in accordance with the Uniform Domain
Name Dispute Resolution Policy (UDRP) of the Internet Corporation for
Assigned Names and Numbers (ICANN) by independent and neutral
arbitrators on the National Arbitration Forum's panel.
June Bug Enterprises, on behalf of basketball legend Magic Johnson and
his latest venture Magic Johnson Travel Group, submitted a complaint
electronically on November 6, 2006. The National Arbitration Forum
found that the domain name, MagicJohnsonTravelGroup.com resolved to and
was being used by myspecialprice.com to display links to Magic Johnson
and LA Lakers apparel and travel agency services.
The arbitrator found that the domain name was confusingly similar to
the 'Magic Johnson' and 'Magic Johnson Travel Group' trademarks and
that the Respondent had no legitimate interest in the domain name.
Furthermore, the Respondent registered the domain name on May 22, 2006,
only a few days after the public announcement of the Magic Johnson
Travel Group. This registration constitutes opportunistic bad faith.
Thus, the arbitrator established all three elements required under the
ICANN Policy. On December 27, 2006, the Complainant successfully
defended its trademark in domain name arbitration; the domain name was
transferred to June Bug Enterprises.
On December 13, 2006, Metro-Goldwyn-Mayer Studios, producer of the 1983
hit movie "WarGames," filed a complaint electronically with the
National Arbitration Forum asserting legal rights to the domain name
WarGames.com. The Respondent, WarGames.com owner, is R.L. Cadenhead.
Complainant requested the dispute be decided by a three-member panel.
The Panel concluded that the domain name is identical to the MGM
Studios registered service trademark 'War Games.' The Panel found that
Mr. Cadenhead registered and used the domain name for pay-per-click
advertising for the first six years of ownership. In 2006 he began
using it as an online store selling military simulation war games.
Because of this bona fide offering of goods, the Respondent proved his
rights and legitimate interest in WarGames.com. MGM Studios failed to
prove all three elements required of the ICANN Policy and because of
this, the request for WarGames.com to be transferred was denied on
January 31, 2007.
On November 16, 2006, the New Pig Corporation filed a complaint
electronically with the National Arbitration Forum against Adam Dicker,
the registered owner of Pig.com. New Pig Corporation requested the
dispute be decided by a three-member panel.
The Panel found that the Pig.com domain name was identical to the New
Pig Corporation's trademark of "pig" and that Respondent Adam Dicker
used the domain name to display pay-per-click links related to the
generic term "pig". However, the panel found that the domain name was
not registered to take advantage of New Pig Corporation's generic mark.
The Respondent registered Pig.com in good faith based on the dictionary
meaning of the term "pig." Although the New Pig Corporation uses "Pig"
as a trademark, it failed to meet all three elements required under the
ICANN policy to transfer a domain name. The National Arbitration Forum
denied the transfer of Pig.com to New Pig Corporation on January 29,
Visit http://www.domain-disputes.com/national-arbitration-forum.htm for more information on filing domain disputes with the National Arbitration Forum.
About the National Arbitration Forum
The National Arbitration Forum (FORUM) is one of the world's leading
providers of alternative dispute resolution (ADR) services, including
arbitration and mediation. Committed to the integrity of America's
legal process, the National Arbitration Forum administers efficient,
cost-effective dispute resolution programs and services for all
parties. It maintains a distinguished panel of over 1,500 attorneys and
retired judges who follow and apply the substantive law when rendering
legal decisions. Mediators and arbitrators on the panel are located
across the U.S. and in 35 countries around the world. Established in
1986, the National Arbitration Forum is headquartered in Minneapolis,
Minnesota with offices in New Jersey and Southern California. For more
information or to sign up for the weekly ADR Law & Policy Update
newsletter, visit the National Arbitration Forum's website at http://www.adrforum.com.