July 2005
Saint Exupery's Estate Reigns Supreme over Cybersquatters
The literary estate of the French author, Antoine de Saint Exupery, most famous for his illustrated book "The Little Prince" has been successful in ousting a cybersquatting company.
The heirs of the French author, who disappeared unexpectedly during wartime 1944, established a company which manages the legacy of the author's life and work. The estate is the sole owner of the trade marks and other intellectual property relating to Saint-Exupery's works and name. However, the World Intellectual Property Organisation has ruled that a company based in the Virgin Islands which sold memorabilia under the websites - www.antoinedesaintexupery.com, www.saint-exupery.com and www.saintexupery.com, unlawfully registered the domains by using them in a commercial context and by that use not being in good faith. Therefore, unless the holding company disputes the decision, the domains will be transferred to the author's estate within ten days.
BRIFFA Comment:
Cybersquatting is a derogatory term used to describe the practice of registering and claiming rights over internet domain names which are, arguably, not for the taking. Often cybersquatters take such names and offer them for sale to the person or company who should rightfully have the domain under trade mark laws. As in the case above, many cybersquatters will register variants as well. Domain name disputes are typically resolved using the Uniform Domain Name Resolution Policy (UDRP) process developed by the Internet Corporation for Assigned Names and Numbers (ICANN). Ultimately, it must be shown that the registrant has no rights or legitimate interests in the domain name and that its registration and use were in bad faith. Alternatively it is possible to address cybersquatting through a passing off claim.