Can the Real Delia Ephron Please Stand Up?

Here's an interesting article by author/screenwriter's Delia Ephron about her recent experience having her name cybersquatted. Fortunately, Ms. Ephron was able to file and win a UDRP action against the cybersquatter, who did not respond to the complaint.  In its decision, the UDRP panel noted that Ms. Ephron's name was "both well known and relatively rare."

In our practice, we often see cases of “name jacking” similar to what Delia Ephron experienced. Unfortunately, for those who do not have as well-known a name as Ms. Ephron, the UDRP process generally cannot transfer the domain to its rightful owner.

Under the Anti-cybersquatting Consumer Protection Act, however, victims of name-jacking have a remedy against personal name cybersquatters, even if they don’t have famous names. The ACPA imposes liability on any person who registers a domain name consisting of the name of another living person if the registrant intended to make a profit by reselling the domain. While the ACPA’s provisions would require that a lawsuit be brought in federal court, it also empowers the judge to award attorneys fees to the prevailing party.  You don’t have to be Michael Jordan or Ralph Lauren to rightfully keep your own name.

If you have a question about name-jacking, cybersquatting or trademark law, please feel free to contact the attorneys at Lewis & Lin.