Friday, September 11, 2009

Domain name spurs both defamation and trademark dispute; WIPO v. ICANN

Here’s an interesting case. Attorneys for Glenn Beck have filed a dispute with the World Intellectual Property Organization (WIPO) claiming that a domain, to be named in a moment, infringes on Beck’s “trademarked name.” The link is here.

Ars Technica, is a detailed article by Nate Anderson, and linked by EFF, asks whether a domain name itself can be defamatory, link here. We don’t need to repeat the domain name right here, but it’s pretty raunchy. But we have to be wary of the litigation; as attorney John Dozier pointed out in a recent book (see Aug 27), we could get carried away with this: the mere appearance of some “artificial” word strings in a search engine result might be construed as defamatory (a case that happened to me with my own name; see my main blog, July 27, 2007).

Visitors may enjoy (or not enjoy) WIPO’s proposal to ICANN “to expedite domain forfeiture proceedings” here. This does not come from Jonathan Swift in your English literature courses.

1 comment:

CW said...

The owner of the website has retained counsel and filed a response. The response is a great read. All the docs are on the website.