Newsflash from the Department of all things Elementary: The Uniform Domain Name Dispute Resolution Policy (UDRP) only applies to domain names.
Joseph J. Weismann, of Johnson, Pope, Bokor, Ruppel & Burns LLP (if anyone can explain the Einstein picture I’d be very interested) had sought to persuade the National Arbitration Forum that it should do something about “http://jimslists.com/agencies/hotrussianbrides” (we’re not sure whether he wanted a transfer of the domain name or some kind of novel injunction ordering the registrant to remove the offending part of the URL), which he alleged was a domain name that had been registered, and was being used, in bad faith. Mr. Weismann was representing Romantic Tours, Inc, which has (US) trademark registrations for HOT RUSSIAN BRIDES and HOTRUSSIANBRIDES.COM. It’s not clear from the NAF ruling whether the hot Russian brides get to go on “romantic tours”, but what is clear is that the domain name at issue here is “jimslists.com”, which is plainly dissimilar to either of Romantic Tours’ trademarks.
Unsurprisingly, the NAF decided not to extend the scope of the UDRP nor to amend the definition of “domain name”, holding that “domain name” does not include “post domain” path names (the clue’s in the “post”…).
I’d love to know what arguments Romantic Tours made to get around the fact that what they were complaining about was not in fact a domain name. If anyone has any insights, please leave a comment so I can share them.
No Russian brides were available for comment.