Arbitrator decides Viacom shouldn’t get Jackass.com.
This is a follow up to a story Domain Name Wire first published in December. Viacom (NYSE: VIA.B), parent company of MTV, filed a UDRP complaint to get the domain name Jackass.com. As I pointed out then, Viacom had an uphill battle. Not only is the term Jackass generic, but it was facing an domain registrant that wouldn’t step down. In fact, Viacom is lucky that it lost this case. Had it won, respondent Future Media Architects certainly would have sued Viacom to keep the domain name.
The arbitrator decided that Future Media Architects (barely) had rights or legitimate interests in the domain, and that it was not registered in bad faith.
As has been the case in previous UDRPs, the complainant pointed to a forum posting to make its case. In a 2002 posting at Domain Name Forum, a Future Media Architects representative posted a message “Ok I am not marketing this name but I keep on getting offers daily… How much would you sell JackAss.com if it was your [sic]. Hits about 300k-600k month min.” But he also made it clear the domain wasn’t for sale.
You can read more analysis of this case at Elliot’s Blog.