Ian McMillan registered the web domain name TrivialPursuits.net and won the correct to carry on utilizing it, after a challenge from Horn Abbot, the makers of the board game, failed to stop him utilizing the domain name. The makers of the Trivial Pursuits board game failed to acquire the TrivialPursuits.net domain name from the individual who said he registered the name to lament life’s reduction of person creativity.

This decision has gone in opposition to the long established principle that once a brand name is “nicely recognized”, the Uniform Dispute Resolution Policy (UDRP)1 part of the World Intellectual House Organisation (WIPO), would be in a position to impact the transfer of the name. However, in this case, the panel was unclear about the intentions of the respondent, and his motive for registering the domain name. The panel did not believe that there was enough proof to assistance an application for bad faith activity on behalf of the respondent.

Respondent Ian McMillan informed the WIPO panellist that he purchased the name with with the intention of creating a website dealing with “the 21st Century’s unique trivial pursuits, particularly the reality that most elements of life now involve a commodity as opposed to person creativity, from intercourse to salvation via surgery and sweeteners”. Currently, the site is only 1 page long, and refers to the WIPO case as “a fine example of a quite unnecessary and utterly trivial pursuit,” including that more content will be additional, “but at the comfort of my lazy nature.”

There was little proof of bad faith discovered by the panel, even though McMillan does not appear to have intention of utilizing the website.

Comment: Usually in cybersquatting cases exactly where there “is no use of a signal in the course of trade” as well as difficulty in establishing trade mark infringement or passing off, the UDRP approach is the suggested recourse as it is far cheaper and occasionally faster.

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© RT COOPERS, 2005. This Briefing Be aware does not offer a extensive or total statement of the law relating to the problems mentioned nor does it constitute legal guidance. It is meant only to highlight common problems. Specialist legal guidance ought to usually be sought in relation to particular circumstances.

Rosanna Cooper is a partner in RT Coopers Solicitors. The company is a full service industrial law company covering areas such as E-Business, Education Law, Commercial Litigation, Information Safety, Intellectual House, Corporate Finance and Commercial Contracts.

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