http://www.lexmonitor.com/tags/1745671-famous-names?only_path=false Fri, 12 Mar 2010 06:36:06 GMT 20 Most Recent Articles tagged famous names from LexMonitor http://www.domainnameshame.com/2009/02/domain-name-auction.html In this WIPO dispute, the Complainant is Margaret C. Whitman, the President and CEO of eBay, Inc. from March 1998 through March 2008. Ms. Whitman remains on eBay's Board of Directors and is a stockholder. The Complainant is described in...<div><p>In this WIPO dispute, the Complainant is Margaret C. Whitman, the President and CEO of eBay, Inc. from March 1998 through March 2008.&#160; Ms. Whitman remains on eBay's Board of Directors and is a stockholder.&#160; The Complainant is described in the Complaint as an Internet pioneer and businessperson whose name is internationally famous and synonymous with the accomplishments of eBay.&#160; The Respondent, Domains For Sale, registered the disputed domain names, <a href="http://www.megwhitmanforgovernor.com">www.megwhitmanforgovernor.com</a>, <a href="http://www.megwhitman2010.com">www.megwhitman2010.com</a>, <a href="http://www.meg2010.com">www.meg2010.com</a>, <a href="http://www.whitmanforgovernor.com">www.whitmanforgovernor.com</a> and <a href="http://www.whitman2010.com">www.whitman2010.com</a>, between January 28 and March 28, 2008, at which time there was wide speculation in California and elsewhere that the Complainant would run for election as Governor of California in 2010. </p> <p>&#160;The Complainant claims common law service mark rights in her personal name 'MEG WHITMAN' due to her fame and achievement, the international recognition and wide publicizing of her fame and achievement and further claims that her fame and achievement are inextricably connected to eBay's commercial success.&#160; The Respondent did not respond to the Complaint.&#160; </p> <p>Merely having a "famous" name is not sufficient to establish common law trademark or service mark rights in the name.&#160; In cases involving entertainers, authors, professional athletes and to a lesser extent business persons, complainants have been found to have common law marks in their names in circumstances where the name has been used as a marketable commodity, for a fee to promote another's goods or services, or for direct commercial purposes in the marketing of the complainant's own goods or services.&#160; The law of publicity gives well-known individuals the right to control commercial exploitation of their names and likenesses.&#160; However, for common law trademark rights to exist, the personal name must have come to be recognized by the public as a symbol which identifies particular goods or services with a single source.&#160; In this instance, the Panel was unable to conclude that the Complainant had common law service mark rights in her personal name because she did not provide services to the public under the name 'MEG WHITMAN' as a source-indicator to the segment of the public based on her performance as President and CEO of eBay.&#160; Accordingly, the Panel concluded that the Complainant failed to establish common law service mark rights in her personal name and therefore denied the Complaint. <br /></p></div> Tue, 10 Feb 2009 21:34:43 GMT http://www.domainnameshame.com/2009/02/domain-name-auction.html editor@domainnameshame.com (Tucker Carlson)