IFPI Domain Dispute Likely to Go To Court

fgaliegue writes "Ars Technica has a follow-up on the ifpi.com domain takeover by The Pirate Bay. The International Federation of the Phonographic Industry, ifpi.org, is quite unhappy that the .com is now a link to the (still not live) International Federation of Pirates Interests. The ifpi.com domain has been free as soon as March of this year, according to WebArchive. Nevertheless, the "real" IFPI wants to take it to the WIPO under the accusation of cybersquatting."

Comments

Not actually squatting

[tietokone-olmi]

They're putting it to good use, right? Besides, claims of squatting would sound rather strange considering ifpi.com had lapsed in March already, and they're only twitching now that it's become a mite embarrassing.

Still, one shouldn't underestimate the potential for corruption in organizations like the WIPO. Especially since they have their hands in the large and varied jar of "intellectual property".

Re:Not actually squatting

[julesh]

However, IANAL, and but they can probably convince some judge of part (iii) and (iv) below.
[...]
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

The IFPI is not a business. Pirate Bay is not its competitor. This clearly doesn't apply.

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

This is harder. However, the IFPI.com site has a prominent link to IFPI.org along with a disclaimer pointing out that they are not affiliated. Such disclaimers and links have, I believe, been successful in the past at protecting against claims under this term.

I think TPB have a fairly good case to keep the domain.

This is not Cybersquatting

[RaigetheFury]

http://en.wikipedia.org/wiki/Cybersquatting

First, the premise behind Cybersquatting is to obtain money or some other form of compensation. The Pirate Bay has no intention and no desire to obtain any compensation from them. While the site being made may be satirical or "nyah nyah nyah nyah nyah" in focus... it's still not cybersquatting.

Looks like someone forgot to pay for the domain, the name lapsed and somebody picked it up then gave it to Pirate Bay. And unless the law changes... Pirate Bay wins.

Re:I love it when the magic works...

[mazarin5]

Is shooting up in the middle of an orgy good enough?