An environmentalist who has collected
hundreds of Internet domains bearing the names of celebrities has
been told that his effort to save the planet from an ecological
disaster doesn't mean he's not a cybersquatter.
Mark Elsis, of Siesta Key, Fla., lost his bid to keep a cache of
Internet addresses named for the surviving members of the
Beatles - including such domains as GeorgeHarrison.com,
Paul-McCartney.com, ePaulMcCartney.com, eGeorgeHarrison.com, and
Ringo-Starr.net, among others.
But, unlike many individuals who lose battles with celebrities under
dispute resolution rules of the Internet Corporation for Assigned
Names and Numbers (ICANN), Elsis was not trying to profit from his
celebrity monikers. Instead, he has been enlisting the Beatles' names
and hundreds of other famous-sounding addresses to promote a campaign
to protect the environment.
In April, lawyers for the three surviving Beatles complained about
Elsis to the National Arbitration Forum, one of four organizations
authorized by ICANN to sort out cases under its Uniform Domain-Name
Dispute-Resolution Policy (UDRP).
This week, mediators working on five complaints ordered that Elsis
turn over 12 Beatles domains, saying that the fact he didn't ask
for money from the celebrities didn't excuse him from URDP rules
defining "bad faith" use of others' trademarks.
In analyzing the complaint over ePaulMcCartney.com, arbitrator
Peter Michaelson wrote that "substantial value ... can arise from
a celebrity endorsement - of the kind the (Elsis) demanded from
McCartney - that overwhelmingly dwarfs the incidental dollar costs
of registering a domain name.
"In fact, given this situation, one can simply ask whether in the
absence of any such value ... would (Elsis) have registered the
celebrity domain name in the first place?" he wrote. "This panel
believes that in each such instance - and there are at least 365 of
them involving (Elsis) - the answer would unquestionably be 'no.'"
In an interview with Newsbytes, Elsis said he has handed domains to
celebrities in the past, but prefers to keep some of the many
variations be registers for many of the names.
In addition, in return for the domains, he asks the celebrities to
read his growing collection of essays outlining his vision of the
planet's threatened ecology.
Michaelson ruled that was little different that an earlier case
involving the rock band Metallica, which was awarded a domain name
held by a fan who asked that band members meet him in person and
make phone calls to some of his close friends.
In settling the complaint over six "George Harrison" domains,
arbitrator James Carmody highlighted Elsis's offer to transfer
some of the domain names while withholding others, quoting a line
from the Beatles song "Taxman" - "That's one for you, 19 for me."
Wrote Carmody: "The domain names at issue have essentially been
held hostage by (Elsis) to coerce (Harrison) to take a position of
sponsorship of the particular environmental movement espoused by
Elsis.
"(Harrison) may or may not share the precise environmental views of
Respondent," Carmody wrote, "but the registration and use of the
domain names at issue, and the subsequent refusal to transfer those
domain names ... without conditions is clearly not a legitimate use
and constitutes bad faith."
The Elsis collection of celebrities addresses ranges from
Abbot-and-Costello.com to Ziggy-Marley.com. Almost all point to Web
sites promoting his LovEarth campaign.
Elsis said he finances LovEarth through money he makes selling
generic-sounding Internet addresses through businesses with names
such as "Gods-Domains.com," "GreatestDomains.com" and
"DomainName1.com."
Elsis says he doesn't sell the celebrity addresses and that he
directed them at his issue-oriented Web sites because he believes
celebrities can influence the way people think.
Elsis's LovEarth organization is at http://www.lovearth.net .
Reported by Newsbytes.com, http://www.newsbytes.com .
17:40 CST
(20010608/WIRES ONLINE, BUSINESS, LEGAL/)