UDRP Complaint or Settlement?

[Ceres]

I just read TechCrunch's article about how a web development company, who were contractors for the Bush family, inadvertently let the domain GeorgeWBushLibrary.com expire. A domain squatter promptly bought the domain once it expired.

What surprises me is that the development company willing paid $34,990 to get the name back, instead of commencing a UDRP complaint. I realize George W Bush is probably not a trademark, but aren't there common law rights involved with a name? Also, would the web contractor have had the standing to bringing the UDRP if they were only a contractor for the Bush family? Anyone got any further insight on this?

So what's your opinion:

Do you think the web development company could have won a UDRP case, or do you think they were right to "settle" the problem?

 

[Jeff]

I think that they would have won. However, it looks like they were negligent, and tried to cover up the fact, rather than making it public by choosing to file under the UDRP.

 

[EnricoSchaefer]

Do you think the web development company could have won a UDRP case, or do you think they were right to "settle" the problem?

I just gave an interview to Slate Magazine on this issue and posted about the Bush Libarary matter:
Cybersquatting On The George Bush Library Domain Name

Understand Your Trademark Rights George Bush! Avoid Overpaying $35,000 to Get Your Domain Back From A Cybersquatter

The answer is that it was likely a slam dunk cybersquatting case under both the Anti-Cybersquatting Act as well as the Uniform Domain Dipsute Resolution Policy. What a waste of $35k. It may be that, if no general relase was signed, that the George Bush Library still has the ability ot get its money back and then some.

Here are some more celebrity domain dipsute resources:

• Celebrity Cybersquatting: Why Don't Famous People Protect Their Domain Names?
• Cybersquatting on Politician Names: Sarah Palin Is the Latest Victim of Squatting
• Famous, Celebrity, Personal and Proper Names Protected Under Cybersquatting Act

 

[Jeff]

Thanks for the informative articles!

 

[Ceres]

Enrico, thanks for answering my question. People are protected by the cybersquatting regulations you mention, yet it seems that many potential plaintiffs just buy back the domain name instead of taking legal action. The cybersquatter's plan works.

I think more people need to familiarise themselves with these regulations.