LEGAL BATTLES

Princess Di’s Name Lives On

The Complainant, the authorized representative of The Diana, Princess of Wales Memorial Fund, was awarded the domain names “princessdi.com” and “princessdiana.com” in this recent UDRP decision. The Respondent had made no use of the domain names since registration in 1997. Only after notice of the Complainant’s intention to begin arbitration proceedings did the Respondent link the domain names to Web sites containing disparaging information about the Complainant and an unrelated commercial Web site. As a result, the Panel determined that the Respondent had no rights in the domain name, and had registered and used the domain name in bad faith.

See CMG Worldwide, Inc. v. Naughtya Page, FA 95641 (Nat. Arb. Forum Nov. 8, 2000). www.arbitration-forum.com/domains/decisions/95641.html (from Domain-News, a complimentary news service of the National Arbitration Forum).

Indiana Right of Publicity Statute

Mark Roesler is recognized as the principle author of the Indiana Right of Publicity Statute, which is regarded as the most progressive and comprehensive in the world. Passed in 1994, this noteworthy Statute has received much attention, especially because it protects a celebrity’s image and likeness for 100 years. It has become the model for many states looking to enact or amend Right of Publicity legislation, including recent activity in California, Illinois, Washington and Ohio.

Highlights of the Statute:
INDIANA: CITE: I.C. §32-13-1-1 et seq.

  • Extends the post-mortem right of publicity for a one hundred year term from the date of death
  • Covers a person’s name, voice, signature, photograph, image, likeness, distinctive appearances, gestures and mannerisms.
  • Contains a succession clause, so that the deceased person’s rights are transferable in whole or in part.
  • Applies regardless of a personality’s domicile, upon any act or event that occurs in Indiana requires that any infringer must submit to Indiana jurisdiction.
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CMG Worldwide

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Mark Roesler

CEO
CMG Worldwide

mark@cmgworldwide.com

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