In this case study video, I discuss a domain name dispute filed by President Barack Obama's foundation under the Uniform Domain Name Dispute Resolution Policy (UDRP).
As I explain in the video, the case involved seven domain names, each of which contained the “Obama” name plus the words “presidential center” or “presidential library.” The UDRP panel ordered all of the domain names transferred to the Barack Obama Foundation
I discuss six interesting aspects of this case in the video:
Any UDRP complaint filed by a former president of the United States is obviously unusual, but this is not the first UDRP complaint filed by a U.S. president.
Obama amazingly relied only on common law trademark rights in his name, apparently because he did not have any relevant trademark registrations when his foundation filed the UDRP complaint.
There was an issue as to whether the Obama Foundation, which is the entity that filed the UDRP complaint, and not President Obama himself, actually had standing to file the complaint.
The three-member panel accepted the registrant’s late response as well as supplemental filings from both parties — something I tell my clients is not always the case.
The panel rejected the respondent’s argument that he was planning to develop free speech forums around the domain names.
The panel found that the domain names were registered with opportunistic bad faith.
Most of these issues contain important lessons for all trademark owners — not just politicians or other famous people — involved in domain name disputes.
