For thos who think what VIP did is legal

shadowmite · Post by **shadowmite** » Wed May 11, 2005 2:53 pm

Someone said what VIP did is similar to domain name squatting which is legal. Looks like the law for that is changing:

Oscar-winning actor Morgan Freeman has won a cybersquatting case in a ruling by an international arbitrator. The Million Dollar Baby star was yesterday found to have common law rights to the contested internet domain name, which had been registered by a St Kitts and Nevis-based website operator. The operator, identified as Mighty LLC, misused Freeman's trademark to lure surfers to its website in "bad faith", independent arbitrator Peter Nitter said in a ruling. The ruling was announced by the World Intellectual Property Organisation (WIPO), a United Nations agency which promotes protection of trademarks and patents, and whose arbitration centre resolves disputes over domain names. Freeman joins the ranks of entertainers including Julia Roberts, Spike Lee, Madonna and Eminem who have won their cases under WIPO's procedure.

Mozz · Post by **Mozz** » Wed May 11, 2005 3:07 pm

I read that in the paper this morning. Interesting story... Perhaps VIP may not be in the clear as far as acquiring those TM after all. Their application is still in review anyway, right?

400yrs · Post by **400yrs** » Wed May 11, 2005 4:54 pm

I don't think that same argument would hold up in court regarding comics.

justin · Post by **justin** » Wed May 11, 2005 4:56 pm

400yrs wrote:I don't think that same argument would hold up in court regarding comics.

Trademarks hold up in certain situations in court. I guess we will have to wait this one out to see if justice prevails!

-j

Todd Luck · Post by **Todd Luck** » Wed May 11, 2005 6:46 pm

You caught that this was decided by an international arbertrator, right? That wouldn't happen in the unlikely event VIP did get the marks. It would go to a court where juries aren't as well steeped in the law and judges sometimes make very odd rulings. And, ofcourse, there's the endless appeals that go on for years. That's why most of these cases are settled out of court.

magnusr · Post by **magnusr** » Thu May 12, 2005 12:38 am

architect wrote:I guess we will have to wait this one out to see if justice prevails!

-j

Sadly you might be proven right there Justin. I can't understand why VIP are still holding on. They have almost no chance of gaining anything and they make the relaunch wait, which is bad enough by itself and can become really bad in a tough business like this.

/Magnus