MY NAME IS MINE, DAMMIT

My name is Burl Barer. I had the domain name burlbarer.com
Suddenly, my rights to my own domain name expired and BUY DOMAINS.com offered to sell me back my own name for $1,500! Screw em!
This is why I have burlbarer.net.
Now, get this:

Authors Guild Wins Effort to Retrieve Authors’ Domain Names

ICANN Proceeding Determines that Domain Names Incorporating Authors’ Names Must be Returned to the Authors

NEW
YORK – The Authors Guild, Inc., on behalf of nine authors, R.L. Stine,
John Berendt, Charles Frazier, Thomas L. Friedman, Joanna Lindsey,
Louis Sachar, Elizabeth Strout, Susan Elizabeth Phillips and Billie
Letts, has won its proceeding against Old Barn Studios, Ltd., to
transfer to the authors the ".com" domain names incorporating the
authors’ names.

“My name is all I’ve got as an author,” said Louis Sachar,
award-winning author of many young adult novels, including last year’s
Newbery Award-winning Holes, “If some unrelated person is going to
co-opt my name in cyberspace, and fails to use it to identify a web
site related to my books or myself, that’s going to endanger my career,
as well as my reputation. This is a great decision for authors and
others whose reputation is their most valued possession.”

“I am very happy to get my domain name back,” said Thomas L.
Friedman, the Pulitzer Prize-winning journalist and author, “and I look
forward to registering it in my own behalf.”

The complaint, prepared by intellectual property attorney Adam Cohen
of the New York City law firm Kane Kessler, P.C., alleged that each of
the authors has common law trademark rights in his or her name by
virtue of his or her international reputation, and that Old Barn
Studios did not have proprietary rights to those names. The proceeding
was brought in accordance with the Uniform Domain Name Dispute
Resolution Policy adopted by ICANN, the Internet Corporation for
Assigned Names and Numbers.

The administrative panel of three arbitrators agreed with the
Guild’s contentions, and concluded that the Guild had proven that the
contested domain names were confusingly similar to the trademarks
consisting of the authors’ names, that the respondent had no rights or
legitimate interests in the contested domain names, and that the
respondent had registered and used the contested domain names in bad
faith.

The panel ordered all nine contested domain names be transferred to the Authors Guild.

A key precedent set was the panel’s finding that bad faith, a
necessary element of any ICANN case, was proved even though Old Barn
was “not actually using any of the contested domain names to point to a
web site.”

It found that the Guild had “argued convincingly that, given the
reputation of the authors in question, and their works being widely
sold in the USA and the UK, it is hard to understand how the respondent
could have any rights or legitimate interests in any of the contested
domain names.”

Furthermore, Old Barn’s registration of a large number of authors’
names as domains was found to be indicative of a bad-faith intent to
profit from names in which the respondent had no rights.

Attorney Adam Cohen said: “This decision confirms our belief that
the ICANN procedure works. We are pleased that the panel found that
authors have common law trademark rights in their names and that
persons with no legitimate rights to those names who register domain
names incorporating the authors’ names and then warehouse those domain
names or seek to sell them back to the author must be required, under
the ICANN rules, to return those domain names to their rightful owners.”

OK GIVE ME BACK MY burlbarer.com!!!

I sent them an email pointing out that they have no right to my name, and a hell of a lot of nerve trying to sell it to me.

In the meantime, I remain Burlbarer.net

One Response to “MY NAME IS MINE, DAMMIT”

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