Re: [ga-udrp] Background Documents

["NameCritic" <watch-dog@inreach.com>]

It was Dan Parisi who registered Madonna.com. He's had several UDRP
complaints filed against him. He owns the Porn website Whitehouse.com

he attempted to donate the domain name to a Catholic Hospital but not until
after the action was filed. The registrar placed the domain name on hold
before he could transfer it to them. They contended that since Parisi
pointed the domain name to a porn site and Madonna is known for promoting
sexual content that it infringed upon her rights.

Chris McElroy aka NameCritic

----- Original Message -----
From: "Jeff Williams" <jwkckid1@ix.netcom.com>
To: <ga-udrp@dnso.org>
Sent: Monday, July 02, 2001 11:19 PM
Subject: Re: [ga-udrp] Background Documents


> Sotiris and all,
>
> Sotiris Sotiropoulos wrote:
>
> > Eric Dierker wrote:
> >
> > > Can one of you fine people give me a good argument for the UDRP that
is not
> > > strictly for the benefit of the IP constituency.  I for one like
existing laws
> > > and would like to see them enforced and if an UDRP did this I would be
all for
> > > it, otherwise it looks like a mechanism for circumvention of Sovereign
and
> > > legitmate laws.
> >
> > Here's my attempt.
> >
> > Citation from S 1255 IS, Anticybersquatting Consumer Protection Act.:
> >
> > SEC. 2. FINDINGS.
> >
> > Congress finds that the unauthorized registration or use of trademarks
as Internet
> > domain names or other identifiers of online locations (commonly known as
> > `cybersquatting')--
> >
> > (1) results in consumer fraud and public confusion as to the true source
or
> > sponsorship of products and services;
> >
> > "the true source or sponsorship"... how would we apply this in the
Madonna.com
> > case?  There are hundreds of millions of people on the planet who know
Madonna as
> > the mother of Jesus Christ.  For two millenia the name has been a
popular name.
> > This relatively recent phenomenon `popstar' lays claim to this domain
name in a
> > domain name dispute, and she wins practically out of hand.  I have not
seen any
> > evidence presented to demonstrate that the original registrant made any
`bad faith'
> > overtures to the Madonna popstar.
>
>   Good points here Sotiris.  I didn't see any evidence or oral arguments
> in the Madonna.com case, which The Popstar Modanna won, that
> were similar to these that you provided here.  They should have been
> perhaps?  As you may remember or know I argued similarly to what
> you provide here in this case on several appropriate ML's.
>
>   It also seems to me, and I am sure the Catholic Church that they
> would have the predominant right to Madonna.com.  Yet to my knowledge
> the Catholic Church has yet to file a claim.  Perhaps they will at some
point,
> which will again bring this case into a more dramatic and difficult public
> notice.
>
>   Bu how do we address instances such as the Madonna.com case
> into a method or policy for a potential redress to the current
> WIPO/ICANN UDRP?  Or in some instances, such as famous
> TM's, can we?  I am not sure.  This would prompt yet another
> question for the survey questionnaire to my mind.  I shall endeavor
> to craft one, and than run it by some other legal and lay survey
> experts, as well as our staff and than propose it here to add to
> the already proposed questions...
>
> >
> >
> > Ultimately ( as my poor understanding of legalities is limited), I dimly
grasp that
> > the essential claim in a trademark is that the assignee made the mark
famous through
> > their energy, activity, and investment.  Here is a clear case in which
this is not
> > so, in fact, the exact opposite holds.  Madonna (postar) made herself
famous largely
> > by using and/or lampooning the catholic Madonna, and by employing that
already
> > famous name.  Essentially, the popstar provided us with her version of a
possibility
> > for what the name could be used for... an interpretation.  Along came
the Internet
> > Age...  and as the scientists tell us, when the Ice Age occurred many
millions of
> > years ago, the dinosaurs were killed off as a result. The road was thus
paved for
> > humanity.  Well, it's painful when society's means of Information
distribution
> > changes.  Does anyone here remember the advent of the printing press and
the changes
> > it brought to human society?
> >
> > (2) impairs electronic commerce, which is important to the economy of
the United
> > States; and
> >
> > >That's rich!  The billions of US Dollars that were made through domain
name hype
> > and .com frenzy on the US STOCK MARKET actually boggle my imagination
(and I have a
> > pretty rich imagination).
> >
> > (3) deprives owners of trademarks of substantial revenues and consumer
goodwill.
> >
> > >If a trademark is property, and a domain name is equated wth a
trademark, then a
> > domain name is also property, right?  Perhaps there is basis here for a
definition.
> >
> > >Now, if there was hard evidence (that was not manufactured by a
creative [il]legal
> > department in some large law firm) to prove the original registrant went
to the
> > popstar to sell her the name, I would agree with a UDRP ruling in
Madonna's favour.
> > On the other hand, if there was no such evidence, then I would support
the original
> > registrant's right to use the name as they saw fit, and a properly
functioning UDRP
> > would recognize the legitimacy of the original registrant's claim.
Nobody stopped
> > Madonna (or her handlers from educating themselves about the new
technologies known
> > as the Internet DNS... someone else got there first a la social
Darwinism.  A fair
> > UDRP could send a message.
> >
> > >I should add that I consider the WIPO intiative to include famous
geographic
> > indications and personal names under an expanded UDRP to be the most
ludicrous and
> > grasping thing I've ever heard of, but with some and such people around,
I'm sure it
> > won't be for long...
> >
> > Sincerely,
> >
> > Sotiris Sotiropoulos
> >
> > --
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>
> Regards,
>
> --
> Jeffrey A. Williams
> Spokesman for INEGroup - (Over 118k members strong!)
> CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
> Information Network Eng. Group. INEG. INC.
> E-Mail jwkckid1@ix.netcom.com
> Contact Number:  972-447-1800 x1894 or 214-244-4827
> Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
>
>
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