Colombia Pictures wins dispute over domain name.
“The domain! The domain!”
Fantasy Island has been returned to Columbia Pictures — in cyberspace, that is.
The company just won a domain name dispute for FantasyIsland.com.
You can’t blame the company for not registering FantasyIsland.com when the show first aired in the 70s. Although you can question why it waited until now to file this complaint.
One possibility: there’s talk of a reality TV show in the works based on the Fantasy Island concept.
The owner of the domain didn’t respond to the complaint. The web address resolves to a parking page with links to “Fantasy Island”, “Bewitched”, and “Starsky Hutch”.
Ron says
That was an expired domain that went to auction last year, it sold for low 5 figures.
John says
Didn’t This domain ended up at GoDaddy expired auctions last year? I thought it closed out around $22,000? So all these bidders weren’t the company itself and the winner noe is out $22K? They shouldn’t have been bidding on a known TM anyway!
Andrew Allemann says
@ John – it does appear that way. Interesting
http://www.dotweekly.com/fantasy-island-com-ends-for-22005-in-godaddy-expired-auction/
Andrew Allemann says
Also just came across this, so perhaps the buyer never ended up getting the domain b/c the previous owner renewed:
http://fusible.com/2012/01/columbia-pictures-industries-files-dispute-over-fantasyisland-com-domain/
John says
Would be nice to know if winning bidder got to close on it and was then served or if original owner who let it lapse, renewed & got served. I imagine the publicity of the auction got a lot of people looking at the name.
Josh says
Smiles, everyone… smiles!
rs says
Keep in mind there is a provision in the UDRP to recover out-of-pocket expenses. If someone spent $22K for a domain it does not appear to be bad faith to ask for reimbursement. I am sure some trademark lawyers might not agree but that is what is says.
Josh says
Do we have any examples of this at all.
John says
So, in this case where would the $22K come from? The registrar? Somehow I think there would be a legal scenario not making that happen. But, examples would be great to learn from.
rs says
The UDRP says:
“… for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name.”
What that means in practice I don’t know. Suppose you hired web developers and did an advertising campaign as well as bought the domain? It could be a large sum of money.
rs says
Another scenario: Suppose a trademark owner sends a cease and desist. Then you hire a lawyer to answer and give you advice. It seems to me you can demand they pay your legal expenses becasue that is an “out-of-pocket cost directly related to the domain name.”