July 2008
Narnia Domain Legal Battle
A couple living in Edinburgh paid £70 to buy a Narnia themed domain name from ‘Fasthosts’ in 2006 for their son’s 10th birthday present - which coincides with the release of the new Narnia film –“Prince Caspian”. They now have to endure a prolonged court case made against them by the CS Lewis Company. However, the Saville-Smiths have high hopes saying, “their case is flimsy and we've done nothing wrong."
Richard Saville-Smith was surprised that the domain name ‘Narnia.mobi’ was still free and snapped it up for their son- Comrie- who is a huge fan of the Narnia Chronicles by CS Lewis. On refusal to return the name, the CS Lewis Estate filed a 128- page legal complaint with the World Intellectual Property Organisation against the Saville-Smiths.
The family are distraught, claiming unanimously to be Narnia lovers- ‘(CS Lewis) must be turning in his grave about all this," said Mrs Saville-Smith, who is also a writer.
They were obliged to reply to the WIPO by June 23, as the organisation is expected to make its decision within a month. Although even after the WIPO makes its decision, the dispute is not likely to end because either party can appeal the verdict.
Briffa comment
The CS Lewis company has reacted quickly to protect its interests. Prior to filing a WIPO complaint is it usual to request transfer of the domain name in dispute. We can only assume this was requested here but refused. On the facts we do know the couple will find it hard to claim honest use as the domain name is ‘parked’ and profit may be generated from the sponsored links to the site. Once the film ‘Prince Capsian' is released later this month traffic will surely increase and the diversion of business away from the greater and more concerning to those who have invested heavily in the making of the film.
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