Comedian files arbitration request to get hands on domain name.
Comedian Jerry Seinfeld or his management company or Sony is going after the domain name JerrySeinfeld.com, currently owned by Anything.com LTD. The case commenced on April 22 and will be handled by National Arbitration Forum.
At first glance, JerrySeinfeld.com looks like a fan site. It has the slogan “An Unofficial Fan site” and includes a bio of the comedian and links to a couple other sites devoted to Seinfeld. It also includes the disclaimer:
“THIS IS AN UNOFFICIAL FAN SITE. THIS SITE IS NOT ENDORSED OR AUTHORIZED BY JERRY SEINFELD OR BY ANY PARTY OTHER THAN THE OWNER OF THIS SITE.”
But if you click any of the links on the left side of the page, you quickly see that this is a glorified parking page (see update below). All of the links lead to a secondary page with nothing but ads. Clever approach, but I doubt the panel will look at the site as anything but a parking page.
Anything.com is no stranger to the UDRP arbitration process. In 2002 it lost control of Flamingo.com to casino operator Park Place Entertainment. In 2000 it held onto the domains KIS.com, EZStreet.com, and VZ.com. A quick review suggests it hasn’t been hit with a complain in a while, at least under its main company name.
The official Sony web site for Seinfeld’s famous “Seinfeld” TV show is Seinfeld.com.
[UPDATED 4/28/08 1PM CST: The attorney for Anything.com reports that the company will voluntarily give the domain name to Seinfeld. Also, the ad links have been removed.]
I hope they lose this one. If Jerry Seinfeld wants his name, give it to him. Why the hell do they think they are entitled to it? Why even fight this one?
JerrySeinfeld.com is a personal name – so Jerry should contact the person which has registered the domain name and at the very least thank the person for the safe keeping of the domain name.
Jerry Seinfeld – do the right thing here please.
Someone trying to exploit Jerry Seinfeld’s name is wrong. This is the kind of stunt that gives domainers, and the domain industry, a bad name. The registrant is going to lose the name.
@ Damir – I’m willing to bet they tried to get the domain before filing the UDRP request.
It’s these type of dopey situations that give all domainers a bad name.
It’s an indefensible position and the press will have a field day with it.
PS: Come to think of it, I just remembered that in 1997 I registered AlbertoVargas.com. I’ve always been a huge fan of his work and was excited to get the name. But after a few days, I began to have seconds thoughts and didn’t pay the registration. It just didn’t make sense to me that I should be able to own his name.
There’s one case when owning a “celebrity’s” name is fair: a politician or otherwise controversial figure when the site is used in a non-commercial manner.
Anything.com will not win this one. Let it go.
There’s more to this story. Anything.com has been the registrant of the JerrySeinfeld.com domain name for ten years — since 1998.
Anything.com’s owners are big Seinfeld fans and registered the domain name in good faith to use as a fan web site and reserve it for Mr. Seinfeld to give to him at no charge if he ever so desired and requested it. Anything.com held this domain name for ten years and used it in good faith, never offering to sell it to anyone, and refusing to even respond to any third party inquiry.
When approached by Mr. Seinfeld’s attorneys earlier this year, Anything.com offered to settle the matter and immediately transfer the domain to Mr. Seinfeld free of charge as it always intended, asking for nothing in return. Anything.com simply asked for Mr. Seinfeld to meet briefly for a souvenir photo at a convenient time and place with its counsel, an equally big fan. Mr. Seinfeld’s lawyers answered by filing a UDRP dispute. At this point, Anything.com has no choice but to defend the UDRP action.
It is clear that Anything.com has acted in good faith and has strong defenses under the UDRP. The domain name was used as a fan web site, and was used as such for years, with strong disclaimers, originally carrying only content and links to other sources with no commercial links. (Check Archive.org). No one would believe the fan site was ever associated with Mr. Seinfeld.
We feel strongly that has the right to retain the domain name under the law, regardless of whether you might feel in your gut that Mr. Seinfeld is entitled to the domain name. Regardless, Anything.com and its counsel remain huge fans of Mr. Seinfeld despite this dispute.
@ Ari –
Thanks for the information.
I think asking to meet Seinfeld is asking for money, though.
It looks like the domain was originally a non-commercial fan site, but for at least the past couple years it was a PPC site. I think that will make it hard to win the case.
Are you the “counsel” here?
I am counsel. The request for the photo was a settlement as they threatened us first in very strong terms. In any event, the offer was for me to receive pic. Anything.com would receive nothing in return from me. Look at Fools.com and other cases. Once a legitimate interest is established and domain is registered in good faith, subsequent acts do not change that. Moreover, I will argue that even commercial use is ok provided it is non-deceptive. This is supported by U.S. law and under UDRP in other contexts. Any celebrity case is hard. But I think this is a winner. We’ll see.
@ Ari – I will be interested to read the decision.
You wrote that “Once a legitimate interest is established and domain is registered in good faith, subsequent acts do not change that.”
I’m seeing more and more cases where a panel decides that a registration “became abusive” or “became bad faith”. Granted, one was in Nominet (not under UDRP), but other times it happens as well. A company uses a domain, then later parks it, and ends up losing a UDRP arbitration. Of course, the devil is likely in the details.
Subsequent bad faith acts can only prove bad faith registration if they provide insight into the Respondent’s original intention. So, an apparent good faith registration, can be deemed bad faith if later actions raise the inference the domain was registered in bad faith. Here, the alleged activity was several years after registration, and subsequent to years of non-commercial use. We certainly do not concede that the commercial use establishes bad faith. Quite the contrary. Nevertheless, if the panel were to so conclude, it is so distant from years of good faith use that it does not raise the inference that the name was originally registered in bad faith.
It will certainly be interesting. In the MySpace.co.uk case (again, Nominet, not UDRP), the company purchased the domain MySpace.co.uk before MySpace the social networking site even existed. But they lost the domain.
I came across a similar .com case recently, but can’t find it.
Ari – The law might offer a tiny hiding place with the “fan” defense, but that appears wrong and is wrong still, imo – thin ice. Seinfeld is a developed brand, like IBM/Exxon/McDonalds, that gained notoriety and value due to years of hard work and sacrifice by Jerry Seinfeld. He was the one out on the road for years making a name for himself. He deserves the name and the registrant should not ask for or expect anything.
The respondent’s “right” to, and equity in, the celebrity’s name is arguably non-existent. This is more a personal opinion of mine on general fairness.
Ari:
This puts a whole new spin on it for me. All you asked for was a souvenir photo session and they hit you with UDRP arbitration?
In your situation I would fight it, too. What a slap in the face.
PS: You should put out a press release about this.
Tell Jerry that the Jerk Store called, and they want their domain name back!
M. Menius- Thanks for view. I certainly respect your opinion completely and don’t entirely disagree with it. But I’m a lawyer and the “law” is what I do. Don’t knock the “tiny hiding place” of the “law.” They say: bad facts make for bad law. There is a reason why we limit trademark rights and allow the free expression of speech which is included in the “fan” defense. Jerry Seinfeld certainly worked hard and is deserved of our admiration. We have also rewarded him well. His achievements, however, do not trump the law. As far as personal opinion is concerned. Remember, Anything.com registered the name 10 years ago and Seinfeld slept for 10 years while Anything.com protected the Seinfeld name, willing to transfer it for free, but for 5 minutes for a picture with a fan. Is that so unfair?
Ari – I appreciate the limits of trademark rights. In this instance, it does seem the registrant is not looking to financially benefit and that is somewhat a meaningful distinction. On a gut level, it feels reminiscent of the illegal downloading of others’ music that was so rampant on the net in early days. People were in essence stealing from the artists and songwriters while rationalizing their behavior. Not saying this is exactly the same. From a general public perception angle, looks like more domainer exploitation which unfairly gives the industry an undeserved bad name.
This case does raise interesting question about where the line is between a fan site vs. intent to exploit. While I hear that a 5 minute picture is a seemingly minimal expectation, what would Anything.com do if Seinfeld did not want to be coerced into a picture? And simply asked for his name? Would Anything.com refuse? I must add that the characterization they “protected the Seinfeld name” could only be sold to the most naive. One could argue they registered the name for anticipated gain … if no more than a meet and greet and photo op.
Incidentally, I have been a fan of your work and many hold you in high regard. Have read about you in DNJournal. Good luck.
A photo for domain would be good publicity for both Anything and Mr Seinfeld, but laywers need work…
Anaway, fan sites usually have some content, not only links, e.g. like stanthecaddy.com.
I guess he is not master of his domain after all
Number one, that’s bullshiat. If you register a domain name, it shold be yours. Who cares if a guy with the same name who happens to be famous wants it? You paid for it, it’s yours. farking celebrities.
I was going to resister revengeofthesith.com back in 2002 because I knew that would be the title but I knew (guessed) this shiat would happen. Or else they woud have threw me a couple bucks or a boba fett costume. Should have made the gamble.
Number B, what famous person doesn’t instantly register his own name?
The article (granted, I didn’t read the whole thing thoroughly, as usual) didn’t say when it was registered. A decent one of his “handlers” should have called Al Gore in 1994 and got the specifics of this thing he created and immediately registered Jerry’s name.
If this happened recently, there’s no possible excuse, except that he was busy banging his non-age appropriate girlfriend to care, in which case I go back to the handler argument.
I just don’t see a legal reason why someone’s domain name should be taken away unless it contains libel or slander or whichever one means writing shit on the internet.
@ rphili1 – It’s been registered since 1998. If it were 1994 I can understand, but it’s weird that they didn’t get around to in in 1997 (when everyone was registering domains) and still more weird that they waiting another 10 years to go after it.
You don’t ‘own’ domain names. You rent them.
You might as well turn it over to that washed up, self-important prick. He should be thanking the current renter of the domain name for keeping it from turning into photoshopped furry porn of the Seinfeld series cast members.
If I buy I car, it should be mine to rob a bank or drag a dead body in. However, both acts are potentially against the law or so.
Sorry, but even domain registrants have limits on what they can and can’t do with the domain names they register.
Good luck with the UDRP, Ari. As you know, anything goes with panelists.
I have an update. Jerry Seinfeld will soon be master of his domain. Anything.com has decided to transfer JerrySeinfeld.com to the TV legend. There was no point in fighting. Anything.com wanted him to have the domain anyway. We wish Mr. Seinfeld well.
Thanks for the update Ari.
Jerry Seinfeld is an idiot. Instead of suing, why didn’t her just register “officialjerryseinfeld.com” or “the realjerryseinfeld.com”. Geez, what a cry baby.
@ Rajaat99 – because those domains suck.