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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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