Madonna Case Cases of Interest >  Cyberlaw

6. Madonna Ciccone p/k/a Madonna v. Dan Parisi and "Madonna.com"

Madonna Ciccone p/k/a Madonna v. Dan Parisi and "Madonna.com"
a. Facts: D created a website to sell porn and Madonna found out, got mad, and sued.
b. Procedural History: brought before ICANN dispute resolution policy board to be arbitrated by the WIPO arbitration and mediation center. Decided by a 3 member panel.
c. Rule: P must prove each of the following
i. Identical or confusingly similar
ii. D has no legitimate interests in respect of the domain name
iii. Registered and used in bad faith
d. Burden of proof: preponderance of the evidence
e. Reason: domain name is identical
i. D failed to provide a reasonable explanation for the selection of Madonna as a domain name
ii. Name was selected and used w/ the intent to attract for commercial gain
iii. Use which intentionally trades on the fame of another CANNOT constitute a bona fide offering of goods or services
iv. Registration was not obtained in good faith, and his registration in Tunisia was obtained merely to circumvent the application of the Policy.
v. D didn't present proof that he was actually going to give the site to Madonna Hospital
f. Rule: bad faith registration and use - by using the domain name, you have intentionally attempted to attract, for commercial gain, internet users to your website by creating a likelihood of confusion w/ the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your site or of a product or service on your site.
i. D's disclaimer is insufficient to find good faith.
ii. He had no prior use of the name for a legitimate purpose
g. Held: D can't have the site any more

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