CyberSquatting Precis #3

CyberSquatting is the act registering a domain name that infringes upon another person's trademark, or rights of trademark. Cases are usually brought to trial if something called “bad faith” occurs, this is defined by four main characteristics. One, if a domain owner purchased a domain only in order to ransom it to the highest bidder. Two, registering a domain name in order to keep the owner of a registered trademark from using a domain name relevant to the trademark. Three, creating a domain name for the sole purpose of disrupting a competitor's business. Four, Intentionally using the domain name to attract would-be visitors for the trademark.
If a judge finds a complaint to be equitable then the plaintiff can seek money for actual and statutory damages. The defendant will be required to halt all use of the domain for injunctive relief. The persons involved will also have to pay court and lawyer fees. Recently quite a few conflicting court cases have been decided on the subject of CyberSquatting, more often than not it is a celebrity who is seeking a domain in their name, but find it to already be taken.
Such was the case with Jerry Falwell, a evangelical pastor who found his name to be an already registered domain. The registrar Gary Cohn, used the site to parody the actions of the evangelical pastor, such as his opinion about the September 11th attack, gays, pro-choice groups and non-Christians in general. Falwell's lawyers have attempted on numerous occasions to shut down this domain but they have always failed. Most recently Falwell appealed to the UDRP, who in turn rejected his claim saying the website was "a legitimate noncommercial or fair use of the domain name."
Such was also the case for Julia Roberts, a famous Hollywood actress. The case was based on whether Julia Roberts had trademark rights over her name, and while she had no registered trademark on her name, she argued that she had common law trademark rights because her name had acquired a “secondary meaning.” Eventually the panel ordered the domain name transferred to Julia Roberts. Similarly in another case, the estate of Jimi Hendrix sought the domain name JimiHendrix.com, which was currently under the ownership of the supposed Jimi Hendrix fan club. As it turned out there was no fan club and the domain was being held for the sole purpose of being sold to the true owners of the trademark. The panel ordered the domains immediate transfer to the Jimi Hendrix Estate.
I believe that it's important to keep the Internet free from what I would call classism. I feel that the ability that certain celebrities possess to assert common-law trademarks on something like a first and last name is practically unconstitutional. What happened to every man created equal, why is popularity a question when determining the rightful owner of a domain name. I think it should be purely first come, first serve when domains are being sought. If someone is allowed to assert control of a web domain for simply being famous, than there is something wrong with the current regulations.