Cleveland Browns quarterback loses arbitration for BradyQuinn.com.
Brady Quinn’s domain name has been intercepted.
The Cleveland Browns quarterback filed for arbitration at National Arbitration Forum to get the domain name BradyQuinn.com from a Florida man. He lost the case, failing to persuade an arbitrator that the domain name was registered in bad faith.
The case hinged on when exactly Quinn got common law rights to the name “Brady Quinn”. The respondent argued that Quinn had only been featured in local media before the domain name was registered, and that Quinn hadn’t established common law rights. Quinn was a senior in college when the domain was registered, and had just been offered a scholarship to play for Notre Dame.
This case is one that really could have gone either way. I could see a panelist deciding that the respondent only registered the domain after learning about Quinn in the press, especially since the owner offered to sell the domain for $2,000. But this arbitrator was unconvinced.
The lesson is that you should really try to purchase your domain name early, especially if you’re a pseudo-celebrity. It amazes me how many people who get to the final leg on American Idol don’t own their domain names.
Mike Rodenbaugh says
Quinn would have had, and still does have, better opportunity to win this domain name under the ACPA. It has a specific provision on personal names, and provides for recovery of statutory damages up to $100,000 per domain.
D says
If he would not be stupid he could have had the domain already for less than what this cost him.
Andrew Allemann says
D – I agree in this case that he should have just paid the $2k. But I don’t always agree, such as in the case you were involved in.
jorge says
Andrew:
>> better opportunity to win this domain name under the ACPA
You oughta cover some ACPA cases. Are those as crazy as some of the UDRP judgements?
Andrew Allemann says
Jorge – those would be lawsuits. When I see one that’s interesting I write about them, although they’re harder for me to track down. If anyone comes across one that’s interesting please send it to me.