Comments on: Jay Leno Tries to Tackle Cybersquatting Problem http://domainnamewire.com/2009/05/04/jay-leno-tries-to-tackle-cybersquatting-problem/ News and Views for the Domain Name Industry Tue, 16 Mar 2010 18:39:57 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Mark -Ohio http://domainnamewire.com/2009/05/04/jay-leno-tries-to-tackle-cybersquatting-problem/comment-page-1/#comment-416175 Mark -Ohio Tue, 02 Jun 2009 19:49:21 +0000 http://domainnamewire.com/?p=6089#comment-416175 JZ, I think you missed the point. What was done in the past isn't necessarily the same in the future. The Producer of "The Jay Leno Show" is not NBC, it is Big Dog Productions. Jay Leno is the CEO of Big Dog Productions. Big Dog was a co-producer of the Tonight Show. It's likely that Leno is full producer (i.e. owner) of "The Jay Leno Show". NBC has only contracted with Leno's company for the production on it's network and stages (to probably oversimplify long contract language which none of us have seen). See this article: http://www.broadcastingcable.com/article/160569-NBC_Confirms_Plans_for_Jay_Leno_in_Primetime.php where it states: "The show will be produced by Big Dog Productions in association with Universal Media Studios. Debbie Vickers will serve as executive producer. Leno was represented by his long-time attorney, Ken Ziffren." You can see Leno is CEO (owner) of Big Dog Productions here, with apparently only one other employee: http://www.manta.com/coms2/dnbcompany_sfcsf The Microsoft/Gates example just doesn't fit here. If MS tried to keep Gates from getting BillGates.com or gatesfoundation.com, or another company with his own name, then the example could be similar. Leno isn't going after a domain with the tonight show or NBC in the name. He's going after one with the name of a show produced by his own company, in association with (contracted by) NBC. Technically he could probably go after jayleno.com, but probably doesn't feel he needs that because it isn't the name of his show. He'd also be biting the hand that feeds him filing a wipo on that one. GE/NBC is also not using that domain in in bad faith as are the ones in the wipo filing are. Leno isn't filing this because he may have once owned and released jayleno.com. He's filing because he is named Jay Leno and owns the show with his name in it. Leno has every right to go after and own the names in question. GE or NBC owning other names, or Leno allowing others to own names doesn't prevent Leno from owning the new domains with his name and a show he technically produces and owns. JZ, I think you missed the point. What was done in the past isn’t necessarily the same in the future. The Producer of “The Jay Leno Show” is not NBC, it is Big Dog Productions. Jay Leno is the CEO of Big Dog Productions. Big Dog was a co-producer of the Tonight Show. It’s likely that Leno is full producer (i.e. owner) of “The Jay Leno Show”. NBC has only contracted with Leno’s company for the production on it’s network and stages (to probably oversimplify long contract language which none of us have seen). See this article: http://www.broadcastingcable.com/article/160569-NBC_Confirms_Plans_for_Jay_Leno_in_Primetime.php where it states:
“The show will be produced by Big Dog Productions in association with Universal Media Studios. Debbie Vickers will serve as executive producer. Leno was represented by his long-time attorney, Ken Ziffren.”

You can see Leno is CEO (owner) of Big Dog Productions here, with apparently only one other employee:
http://www.manta.com/coms2/dnbcompany_sfcsf

The Microsoft/Gates example just doesn’t fit here. If MS tried to keep Gates from getting BillGates.com or gatesfoundation.com, or another company with his own name, then the example could be similar. Leno isn’t going after a domain with the tonight show or NBC in the name. He’s going after one with the name of a show produced by his own company, in association with (contracted by) NBC. Technically he could probably go after jayleno.com, but probably doesn’t feel he needs that because it isn’t the name of his show. He’d also be biting the hand that feeds him filing a wipo on that one. GE/NBC is also not using that domain in in bad faith as are the ones in the wipo filing are. Leno isn’t filing this because he may have once owned and released jayleno.com. He’s filing because he is named Jay Leno and owns the show with his name in it.

Leno has every right to go after and own the names in question. GE or NBC owning other names, or Leno allowing others to own names doesn’t prevent Leno from owning the new domains with his name and a show he technically produces and owns.

]]> By: JZ http://domainnamewire.com/2009/05/04/jay-leno-tries-to-tackle-cybersquatting-problem/comment-page-1/#comment-416121 JZ Tue, 02 Jun 2009 17:46:09 +0000 http://domainnamewire.com/?p=6089#comment-416121 NBC, Inc., can't afford to let Jay Leno have this domain name, because they can't file a claim against him for PR reasons, even though they could do it. The best thing NBC can do, is contact WIPO to negate Leno's claim, and then, go after it themselves. NBC, Inc., can’t afford to let Jay Leno have this domain name, because they can’t file a claim against him for PR reasons, even though they could do it. The best thing NBC can do, is contact WIPO to negate Leno’s claim, and then, go after it themselves.

]]> By: JZ http://domainnamewire.com/2009/05/04/jay-leno-tries-to-tackle-cybersquatting-problem/comment-page-1/#comment-416093 JZ Tue, 02 Jun 2009 16:52:54 +0000 http://domainnamewire.com/?p=6089#comment-416093 Mark, you are missing the point, there is no co-ownership of the domains JayLeno.com or JayLenosGarage.com, just look at the websites, in JayLeno.com it is emphasized at the top and bottom of the page that Jay Leno has absolutley no ownership of the domain name, in the JayLenosGarage.com at the bottom of the page it shows that NBC, Inc. owns the Copywright. So, there is no doubt there is no co-ownership, if there is no co-ownership in his own domain name, what makes you belive there would be co-ownership in TheJayLenoShow.com. Let me illustrate it this way: Imagine that Bill Gates 'had' aquired the domain name Microsoft.com from Mark A, then Mark B registers MyMicrosoft.com, should Mark A be allowed to file a claim, because he once owned Microsoft.com? absolutley not, the only one who could file for arbitration is Bill Gates. That is the case here, no doubt Jay Leno transferred JayLeno.com, and any variation of it like JayLenosGarage.com to GE and NBC, Inc., and no doubt he has been compensated for it. My point is that by awarding Jay Leno the domain, NBC and GE would have to file for arbitration against Jay Leno, if he does not give it up voluntarily. Wipo would be setting a prescedent, where persons that at one time owned certain domains, but gave them up, would be filing baseless cases. The Point is, that a domain name should not be awarded to someone, knowing very well that someone else has more of a wright to it, as is the case here. And if you think NBC does not care, that Jay Leno would own TheJayLenoShow.com, you're wrong, if they did not care, they would give him his own domain name back. But if they aquired it legally, why would they? Mark, you are missing the point, there is no co-ownership of the domains JayLeno.com or JayLenosGarage.com, just look at the websites, in JayLeno.com it is emphasized at the top and bottom of the page that Jay Leno has absolutley no ownership of the domain name, in the JayLenosGarage.com at the bottom of the page it shows that NBC, Inc. owns the Copywright. So, there is no doubt there is no co-ownership, if there is no co-ownership in his own domain name, what makes you belive there would be co-ownership in TheJayLenoShow.com. Let me illustrate it this way:

Imagine that Bill Gates ‘had’ aquired the domain name Microsoft.com from Mark A, then Mark B registers MyMicrosoft.com, should Mark A be allowed to file a claim, because he once owned Microsoft.com? absolutley not, the only one who could file for arbitration is Bill Gates. That is the case here, no doubt Jay Leno transferred JayLeno.com, and any variation of it like JayLenosGarage.com to GE and NBC, Inc., and no doubt he has been compensated for it. My point is that by awarding Jay Leno the domain, NBC and GE would have to file for arbitration against Jay Leno, if he does not give it up voluntarily. Wipo would be setting a prescedent, where persons that at one time owned certain domains, but gave them up, would be filing baseless cases.

The Point is, that a domain name should not be awarded to someone, knowing very well that someone else has more of a wright to it, as is the case here.

And if you think NBC does not care, that Jay Leno would own TheJayLenoShow.com, you’re wrong, if they did not care, they would give him his own domain name back. But if they aquired it legally, why would they?

]]> By: Mark -Ohio http://domainnamewire.com/2009/05/04/jay-leno-tries-to-tackle-cybersquatting-problem/comment-page-1/#comment-416052 Mark -Ohio Tue, 02 Jun 2009 15:37:18 +0000 http://domainnamewire.com/?p=6089#comment-416052 I don't really see that it matters who currently owns what domains between Leno, NBC, GE, or anyone else. Not everything is black and white. GE owns NBC, NBC owns the Tonight show, but Jay Leno himself owns Big Dog Productions which is a co-producer of the Tonight Show and presumably the new Jay Leno Show, as well as Jay Leno's Garage. I would bet Leno has a bigger ownership in the new show with his name than he did with the Tonight Show, which didn't start out as "his" show. In any kind of partnership or co-ownership, usually any owner or partner can file a claim. In this case it is Jay Leno making the claim. In answer to JZ's question "The question is: is he entitled to it?", the answer should be YES, he is. Unless the current domain owner is a business partner or has the name Jay Leno and a show of their own, then they are clearly cybersquatting by taking advantage of the popularity of Jay Leno's name. Could anyone else be entitled to it? Possibly NBC, GE, Big Dog Productions, or anyone else partnered on the show "could" have a valid claim over the current domain owner, but does that really matter in the WIPO case? I don’t really see that it matters who currently owns what domains between Leno, NBC, GE, or anyone else. Not everything is black and white. GE owns NBC, NBC owns the Tonight show, but Jay Leno himself owns Big Dog Productions which is a co-producer of the Tonight Show and presumably the new Jay Leno Show, as well as Jay Leno’s Garage. I would bet Leno has a bigger ownership in the new show with his name than he did with the Tonight Show, which didn’t start out as “his” show. In any kind of partnership or co-ownership, usually any owner or partner can file a claim. In this case it is Jay Leno making the claim.

In answer to JZ’s question “The question is: is he entitled to it?”, the answer should be YES, he is. Unless the current domain owner is a business partner or has the name Jay Leno and a show of their own, then they are clearly cybersquatting by taking advantage of the popularity of Jay Leno’s name. Could anyone else be entitled to it? Possibly NBC, GE, Big Dog Productions, or anyone else partnered on the show “could” have a valid claim over the current domain owner, but does that really matter in the WIPO case?

]]> By: JZ http://domainnamewire.com/2009/05/04/jay-leno-tries-to-tackle-cybersquatting-problem/comment-page-1/#comment-416016 JZ Tue, 02 Jun 2009 14:15:43 +0000 http://domainnamewire.com/?p=6089#comment-416016 Jay Leno is attempting to aquire three domain names thru World Intellectual Property Organization (WIPO), among them is "TheJayLenoShow.com". The question is: is he entitled to it? Although the domain name incorporates his name, all proof indicates he has sold his name to his employer NBC, Inc. GE, parent company of NBC, Inc. owns, not only JaLeno.com, but also JayLenosGarage.com. GE aquired JayLeno.com last year, details of the aquisition were not released, but by looking at the content of the website, it leaves no doubt that Jay Leno has no ownership in that domain name. As we know, Jay Leno will be hosting this fall NBC's new talk show, titled exactly like the domain name he is going after "The Jay Leno Show". NBC, Inc., is spending millions of dollars, producing and promoting this new show, since NBC, Inc., or GE will own the trademark for this new show(they own the trademark for all the shows they produce, including "Late Night with David Letterman", although, Mr. Letterman left NBC 17 years ago), therefore, since Jay Leno does not even own his own domain name, should he be awarded "TheJayLenoShow.com"?, should it not be NBC, Inc., or GE, the one filing for arbitration to aquire this domain name? Since the details of GE's aquisition of JayLeno.com are not known, if Jay Leno is awarded the domain name in question, Jay Leno will have to hand over the domain name voluntarily to NBC, Inc., or to GE, if not, they would have to file for arbitration to get it from him, which is not likely, for PR reasons, but NBC and GE will be in a bad spot, if WIPO awards the domain name to Jay Leno, and if he hands it over to them voluntarily, it just shows that at the present time he should have no ownership of this domain name, and that it should be NBC, Inc., or GE the ones filing for arbitration for it, and not Jay Leno. Jay Leno is attempting to aquire three domain names thru World Intellectual Property Organization (WIPO), among them is “TheJayLenoShow.com”. The question is: is he entitled to it? Although the domain name incorporates his name, all proof indicates he has sold his name to his employer NBC, Inc. GE, parent company of NBC, Inc. owns, not only JaLeno.com, but also JayLenosGarage.com. GE aquired JayLeno.com last year, details of the aquisition were not released, but by looking at the content of the website, it leaves no doubt that Jay Leno has no ownership in that domain name. As we know, Jay Leno will be hosting this fall NBC’s new talk show, titled exactly like the domain name he is going after “The Jay Leno Show”. NBC, Inc., is spending millions of dollars, producing and promoting this new show, since NBC, Inc., or GE will own the trademark for this new show(they own the trademark for all the shows they produce, including “Late Night with David Letterman”, although, Mr. Letterman left NBC 17 years ago), therefore, since Jay Leno does not even own his own domain name, should he be awarded “TheJayLenoShow.com”?, should it not be NBC, Inc., or GE, the one filing for arbitration to aquire this domain name? Since the details of GE’s aquisition of JayLeno.com are not known, if Jay Leno is awarded the domain name in question, Jay Leno will have to hand over the domain name voluntarily to NBC, Inc., or to GE, if not, they would have to file for arbitration to get it from him, which is not likely, for PR reasons, but NBC and GE will be in a bad spot, if WIPO awards the domain name to Jay Leno, and if he hands it over to them voluntarily, it just shows that at the present time he should have no ownership of this domain name, and that it should be NBC, Inc., or GE the ones filing for arbitration for it, and not Jay Leno.

]]> By: Domain Name Wire » News » NBC Wants Tonight Show Domain Names - The Domain Industry's News Source http://domainnamewire.com/2009/05/04/jay-leno-tries-to-tackle-cybersquatting-problem/comment-page-1/#comment-412472 Domain Name Wire » News » NBC Wants Tonight Show Domain Names - The Domain Industry's News Source Wed, 27 May 2009 15:09:34 +0000 http://domainnamewire.com/?p=6089#comment-412472 [...] a few weeks after Jay Leno filed for arbitration to get several domain names related to his TV show, NBC has filed for arbitration [...]

[...] a few weeks after Jay Leno filed for arbitration to get several domain names related to his TV show, NBC has filed for arbitration [...]

]]> By: Jim J http://domainnamewire.com/2009/05/04/jay-leno-tries-to-tackle-cybersquatting-problem/comment-page-1/#comment-409575 Jim J Fri, 22 May 2009 15:05:57 +0000 http://domainnamewire.com/?p=6089#comment-409575 Guys, who is the actual owner of "The Jay Leno Show"? Is it GE or Jay Leno? Guys, who is the actual owner of “The Jay Leno Show”? Is it GE or Jay Leno?

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