Former United States president Bill Clinton has lost a challenge for three domain names.
Bill Clinton had a way of winning at the polls, but he couldn’t persuade an arbitrator this month that he should have rights to the domain names williamclinton.com, williamjclinton.com and presidentbillclinton.com.
The domain names were registered by an outfit called “Web of Deception” and allegedly forwarded to the Republican National Committee’s web site. The arbitrator decided that the domain names were confusingly similar to Bill Clinton’s common law marks and were not used for a bona fide use, but that the domain names were not registered and used in bad faith.
With regards to bona fide use, the arbitrator said that merely forwarding a domain name isn’t
enough to show bona fide use. The arbitrator wrote that the respondent didn’t even bother to set up a critical site or parody. Which is why I was somewhat surprised when the arbitrator decided that forwarding the site to the republican party’s web site was not evidence of bad faith:
The Panelist simply cannot find bad faith in this case. None of the elements of bad faith are met. The Respondent’s conduct in registering, acquiring and utilizing these domain names is simply not within the UDRP definition of bad faith. The facts alleged by Complainant are simply unpersuasive. Evidence of bad faith (i) requires a showing that the names were registered or acquired for the purpose of selling or transferring the name to the mark holder; (ii) in order to prevent the mark holder from registering the domain; (iii) to disrupt a competitor’s business; or (iv) to attract Internet users by confusing them. The only one of these that could possibly apply is (ii), which requires a showing of a pattern of conduct. While Respondent’s conduct in registering the names of politicians does reflect a pattern, Respondent has adequately rebutted any inference of bad faith.
One of the more amusing claims made by Clinton was that the domains forwarding to the RNC may confuse internet users into thinking that he had become a Republican:
In fact, Complainant suggests in its Additional Submission that an Internet user might be confused and think that former President Clinton had become a Republican. After all, says Complainant, Senator Arlen Spector recently left the Republican Party and became a Democrat.
This case was truly a roll of the dice. Run this case through multiple panelists and you would get varying answers.
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