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Baylor files lawsuit over trademark abuse in websites using name, mascot
By: Travis Measley
Issue date: 2/27/08 Section: News
Stipe purchased the domain names about eight months ago and said he planned to construct a website for Baylor students and alumni to communicate.
"I was hoping to create a My Space-like forum for Baylor students and for businesses owned by Baylor alumni, where they could communicate and possible do business across," Stipe said. "Unfortunately, I probably won't be able to get it off the ground due to lack of funds."
In the case, Baylor requests that the panel rule that the domain name registrations be transferred to the University on the grounds that the names at issue are identical or confusingly similar to the University's trademarked "Baylor" and "Baylor Bears."
Under trademark law, the owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. With the changing technology, and the emergence of domain names and their possible trademark issues, the Internet Corporation for Assigned Names and Numbers adopted the Uniform Domain Name Dispute Resolution Policy in 1999.
Under the 1999 resolution, Stipe is required to submit to a mandatory administrative proceeding if "a third party asserts that the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights." Baylor will also be forced to prove, under the resolution, that Stipe has no rights or legitimate interest in the domain name and that the name has been registered and used in bad faith.
"In December of 2007, outside counsel sent a notice to Mr. Stipe," Fogleman said. The notice was a cease-and-desist letter, asking Stipe to transfer the domain names to the University under the ICANN regulations. When Stipe did not respond in the set amount of time, Baylor filed with the National Arbitration Forum and an administrative proceeding was put in place to hear the case.
Stipe was required to send a written response to the panel in charge of his case regarding all exhibits against him by Tuesday. Stipe said he sent in his responses and now awaits the panel's decision.
"I was hoping to create a My Space-like forum for Baylor students and for businesses owned by Baylor alumni, where they could communicate and possible do business across," Stipe said. "Unfortunately, I probably won't be able to get it off the ground due to lack of funds."
In the case, Baylor requests that the panel rule that the domain name registrations be transferred to the University on the grounds that the names at issue are identical or confusingly similar to the University's trademarked "Baylor" and "Baylor Bears."
Under trademark law, the owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. With the changing technology, and the emergence of domain names and their possible trademark issues, the Internet Corporation for Assigned Names and Numbers adopted the Uniform Domain Name Dispute Resolution Policy in 1999.
Under the 1999 resolution, Stipe is required to submit to a mandatory administrative proceeding if "a third party asserts that the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights." Baylor will also be forced to prove, under the resolution, that Stipe has no rights or legitimate interest in the domain name and that the name has been registered and used in bad faith.
"In December of 2007, outside counsel sent a notice to Mr. Stipe," Fogleman said. The notice was a cease-and-desist letter, asking Stipe to transfer the domain names to the University under the ICANN regulations. When Stipe did not respond in the set amount of time, Baylor filed with the National Arbitration Forum and an administrative proceeding was put in place to hear the case.
Stipe was required to send a written response to the panel in charge of his case regarding all exhibits against him by Tuesday. Stipe said he sent in his responses and now awaits the panel's decision.
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