MySpace Nabs UK Domain
The domain name < myspace.co.uk > was registered in August 1997, fully six years before MySpace, the now-famous social-networking site, was even founded in 2003. In a recent decision (MySpace, Inc. vs. Total Web Solutions Ltd.) under the dot-uk domain name rules, MySpace has won a dispute that appears to break new ground. MySpace was able to convince the decision-maker that it should be entitled to take over the dot-uk domain name, even though the registration occurred before MySpace existed.
Until now, many analysts have agreed that the relevant time to measure whether a domain name was registered in bad faith is the date of registration, not the date of the complaint. This decision seems to have stepped around that detail, and found that the registration was “abusive” because of what happened since 2005, after MySpace had started establishing an international reputation.Â
Maybe the UK registrant should have taken the $430,000 offer that MySpace reportedly put on the table in the negotiations leading up to the complaint. With the stakes that high, it’s no wonder the losing party has filed an appeal of this decision.Â
While this decision is not binding on decision-makers in dot-com or dot-ca dispute procedures, the appeal will be watched closely to see how the consensus is developing on this issue.
Calgary – 10:45 MST
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