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Friday, 27 July 2007
TheSimpsonsMovie.com Registered in Bad Faith
Stand-up comedian Keith Malley from Brooklyn, New York was ordered to turn over "TheSimpsonsMovie.com to Twentieth Century Fox Film Corporation on July 22, 2007 by an arbitrator from the World Intellectual Property Organization (WIPO).

Using the Uniform Dispute Resolution Policy (UDRP) instituted by ICANN, the WIPO arbitrator found that Malley had no legitimate right to the domain name. Malley originally used the domain name for "off-color" and "sexually explicit" comedy depictions of Simpson TV characters.

When Fox contacted Malley about the domain, Malley offered to sell it to Fox for $50,000. At that point Fox inlisted the WIPO, alleging Malley's domain name registration was confusingly similiar to Fox's numerous US and global trademarks involving "The Simpsons" television show.

UDRP lists three elements of proof for claims that a domain name has been abusively registered:

The specified domain is identical or confusingly similar to a trademark held by complainant; the owner of the disputed domain name has no rights or legitimate interests in the domain name; and the domain name registration is in bad faith.
The WIPO arbitrator found a bad faith registration, stating that Malley was well aware of Fox's trademarks, the registered domain name was confusingly similar to Fox's trademarks and Malley had no rights to use "TheSimpsons" since he did not have permission and did not have a connection to Fox.
Posted By DomainNameLawyers.com at 6:11 PM in Category:Domain Disputes
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