Author and scholar wins domain name case.
Well-known atheist Richard Dawkins, author of The God Delusion, has won the domain name RichardDawkins.com through an arbitration case at National Arbitration Forum. Dawkins’ main web site is RichardDawkins.net.
The owner of RichardDawkins.com claimed that he was using the domain name merely as a fan site for Dawkins. There were affiliate links on the web site that linked to various products related to Dawkins, but the owner claimed that those links were there in exchange for free web hosting.
In additional to being an expert on atheism, Dawkins appears to be good at convincing a three-member arbitration panel that he has common law rights to his name. In its decision, the panel wrote:
The Panel unanimously finds that Richard Dawkins has established a common law trademark in his name. The three Panel members agree that Mr. Dawkins has perhaps done the most thorough job in establishing the existence of the common law trademark in a personal name that any of the three panelists have seen.
Abe says
it is unfair, since mr. Dawkins did not originally buy the domain, rulings like this puts the whole industry at risk.
Ms Domainer says
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Well, it is Dawkins’ name, AND the original owner was making money off someone else’s name, even if it was just for free hosting.
I think this industry is going to see more of these kinds of decisions against full- name squatters, those who would piggyback off a celebrity for profit.
The message seems to be: Tread carefully and make sure that you have the right to use a name, for example, you are also a Richard Dawkins and are not profiting from the celebrity brand.
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Shuwix says
This is one of very few quite reasonable decisions. If previous owner was selling Dawkins stuff, there’s no way of good faith registering that domain.
That’s like having appleipodblizzarddiablo3.com and saying it’s a fan site selling ipods and diablo 3.
Chris says
I’m sure Richard Dawkins had FAITH that he was going to win his case.
Uh…no wait…
Victor says
This is ridiculous!!!! If a domain is out there, one should be able to buy it. For example: if someone bought McDonalds.com before the franchise, then it should be owned by the person who bought the domain(his/her last name could be Mcdonalds). That is business!!! If McDonalds wants to buy it from that person, then the seller can sell it and make a profit.
Victor says
That is the American way. Make money! I should be able to own any name I please. Now, if that seller is selling or degrading that person, then, it should be taken away and charges can be taken! But, anyone should be able to own RichDawkins.com, RichardDawkins.com, rDawkins.com…..etc.