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Domain Owner Can Keep (For Now)

July 18, 2011chris farley, Domaining, Domainnamewire, National Arbitration Forum, Policy & LawComments Off on Domain Owner Can Keep (For Now)

Company that says it has rights to the Chris Farley name loses domain name dispute.

Chris FarleyA company claiming to own the intellectual property rights to the late comedian Chris Farley’s likeness has bombed in an effort to get the domain name

Make Him Smile, Inc., claims that Chris Farley’s family granted it intellectual property rights to Chris Farley’s name upon his death. It filed a complaint with Nation Arbitration Forum to get the corresponding domain name.

Although (controversial) panelist Carolyn Marks Johnson found that there’s a common law mark for “Chris Farley”, Make Him Smile, Inc. did not provide evidence that it was the rights holder.

Marks Johnson denied the complaint, but said the complainant can file the case again with better evidence.

I have no doubt that someone is the rightful IP owner to, but I don’t understand why she would offer that the case can be filed again. UDRP cases are fairly straight forward and should be limited to one shot on behalf of the complainant unless new information that couldn’t have been known previously is discovered.

© 2011.

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