Originally from:

Journal of American Arbitration (JAA) - Vol. 4, No. 1

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ARTICLES

Paparazzi of the Internet: Cybersquatters in
the Entertainment Industry and the Trends of
the World Intellectual Property Organization
Panel Decisions
By Partap Singh Verma

I. INTRODUCTION
With the advent of the Internet, a host of criminals and pseudoentrepreneurs
have revolutionized the way they attack one of our
society’s most beloved member—the famed and enviable celebrity. The
occupation of website domains by people seeking to trade on famous
names is a rapidly growing and lucrative business. Since the mid-1990s,
the world’s most recognizable names in the entertainment industry have
been victims of an illegal practice of Internet domain name registration
known as cybersquatting. In short, cybersquatting occurs when an
individual or an organization registers a trademark or famous name as a
website in order to extract payment from the rightful owner.
Cybersquatters also register these famous trademarks to divert attention
to their websites that often have nothing to do with the stolen trademark.
The true trademark owners not only find their trademarks in use, but are
also forced to pay for the right to engage in electronic commerce under
their own brand name. As a result, victimized celebrities are not able to
take advantage of their popular status and often have their respective
names linked to web material that is unaffiliated with the celebrity, such
as pornography. Because the Internet only permits one use of a domain
name at a time, celebrities are not able to register another website that
features their prominent name. To make matters worse, the current
registration process allows an individual or organization to register any
domain name, regardless of who owns the trademark or brand name.
Because of this loose registration process, the overall popularity and
money-making ability of celebrities makes them an attractive target.
With the explosion of popular culture and media throughout the
world, celebrities have used their powerful Midas touch to bring
instantaneous popularity to various products. From cosmetics to sports
paraphernalia to romance novels, celebrities like Michael Jordan, Oprah
Winfrey, and most recently Britney Spears, have been able to create a
unique market focusing on their personal favorites. It is no wonder that
celebrities and entertainers alike are very protective of the manner in
which their names are attached to products, events, and even ideologies.
Like the paparazzi, which have exploited celebrities for many years, the
cybersquatter has taken a new approach—domain name exploitation.