If there is going to be new book by C.S. Lewis, the title would be “The Chronicles Of Narnia.mobi: The Saville-Smith, The Estate of C.S. Lewis and WIPO”.
World Intelectual Property Organization or WIPO, had ordered to hand over the narnia.mobi domain name to the estate of C.S. Lewis after they ruled that the couple acted on bad faith when purchasing the address.
If you have a domain name that may infringe others intellectual property, then like you may interested to know how WIPO define ”bad faith”.
Saville-Smith claimed that he purchased the narnia.mobi address so that he could present his son, a fan of the “Narnia” series, with the Narnia-related e-mail address for his eleventh birthday, which fell on May 20, 2008
WIPO ruled “no indication in the record that [Saville-Smith] had used or made any preparations to use the disputed domain name as an address before being placed on notice of this dispute by the [Lewis estate] some twenty months later.”
The end doesn’t justifies the mean. Â Point to note also intention does not necessarily translate into action. If a domain name is considered as a virtual real estate then this case served as a wake-up call for some of us that like to buy a domain name like buying a McDonald or Burger King.
You should start to take certain consideration.
- Before there is a domain name, there is a website ideas. Â You remember the question you ask like what the purpose of this website, what my target audience, what niche market I am serving. Or did you forget to ask that question?
- There is also domain name search, patent search, intellectual property search.  Registering ABC.mobi is not similar to ABC llc.  ABC.mobi will only available to one entity (as that meant for individual or company).  But you can register ABC llc in US, Canada, Panama, SIngapore, Malaysia and some part of the world that accept Llc form of company.
- There is also allocated budget for development. Â In the wake of these case, it’s became very relevant to implement the butterfly marketing strategy by Mike Filsamie.
- Pre-launch
- Launch
- Post Launch
But what to do if there is still complaint made against you?
Stop all purchase of domain that in-variation of the domain name. Â As in this case, Saville-Smith go on to buy freenarnia.com and freenarnia.mobi which WIPO concluded as “disturbing”.
“The panel cannot envision any plausible, good faith basis upon which [Saville-Smith] could have concluded that he was free to appropriate the [Lewis estate's] distinctive and widely known Narnia mark for use as a personal e-mail address,….Saville-Smith is not a novice in the area of domain name registration and should have known better” – Â WIPO.
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