WIPO Backs Eminem In Name Dispute

GENEVA--The arbitration and mediation center from the World Intellectual Property Organization has ruled in favor of U.S. artist Marshall B. Mathers III, better known as Eminem, in a trademark dispute.

Mathers was a complainant against British company Visitair Ltd and its principal Tim Mcintosh regarding the domain name eminemmobile.com.

The domain name in dispute was registered with CSL Computer Service Langenbach GmbH dba Joker.com on March 19, 2003 by Mcintosh.

Eminem Mobile claims to have "the largest selection of Eminem mobile on the World Wide Web," with ringtones, logos, animations and picture messages all based on Eminem works. It also says in a disclaimer that it is "an independent and unofficial site and is in no way endorsed, affiliated or connected with the artist himself."

Mathers filed a complaint with the WIPO Arbitration and Mediation Centre on Feb. 24. The arbitration panel formally notified Visitair Ltd and Mcintosh of the complaint, and the proceedings commenced on March 4, 2004. The panel appointed by the WIPO said that the respondent failed to submit any response.

In its ruling, the panel noted that Mathers was "a most popular music and recording artist, (who) owns all rights, titles and interests in and to the name and trade mark Eminem," and that he performs under this trade mark at least since 1996.

WIPO notes that neither Mathers, nor his licensee "has given any consent, license or authorisation" to any person, including Mcintosh, for any use or registration of the domain name in dispute.

WIPO's panel found that: (1) The domain name registered by Mcintosh is identical or confusingly similar to a trademark or service mark in which Mathers has rights; (2) Mathers has no rights or legitimate interest with respect to the domain name; (3) The domain name has been registered and is being used in bad faith.

Therefore, the panel ruled on April 7 that the domain name eminemmobile.com be transferred to Mathers.