In U.S. District Court Los Angeles, an eight-member jury decided unanimously that the state Department of Parks and Recreation is the rightful holder of the Malibu Pier name and malibupier.com Internet domain nameThe verdict was handed down in a case involving Stephen Harper, a self-styled business-development specialist who took advantage of the fact that the state did not register the Malibu Pier name when it acquired the deteriorating structure 26 years ago with the aim of preserving it.
"I'm extremely gratified that we have set a precedent for the entire state park system in establishing that these famous names belong to the people of California," Ruth Coleman, state parks director, said in a statement. "They're not available to someone who comes along and decides to use them for their own profit."
From the LA Times [news.google.com]
[edited by: Webwork at 6:24 pm (utc) on Aug. 15, 2006]
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...an eight-member jury decided unanimously that...
Oh goody, Joe Surfer decided this.
Good to see the domainer is appealing. I'm no legal expert, but it just feels unreasonable for the state to be granted entitlement to a .com domain when they have access to the .gov space.
Where does the state hegemony over a public geographic name end? Can they stop you from using the name on a t-shirt or postcard?
1. It took a jury trial to resolve, suggesting it was a "fact sensitive" issue. If the issue was cut and dry the decision would have been made in a summary manner - a/k/a "summary judgment" - by the judge.
2. It's an interesting blend of private sector property (The pier was a private enterprise initially, right?) begetting a quasi-public redevelopment project. (Looks like that from a cursory glance at the story.) SO, in theory, the quasi-gov entity is arguing that it purchased the existing rights of the private enterprise to a "famous mark".
For the curious:
Registrant: FenwayPark.com
Major League Baseball Properties, Inc. as agent for Boston Red Sox
Major League Baseball Properties Inc. as agent for Boston Red Sox
245 Park Avenue .
New York, NY 10167
US
Email: domains@mlb.com
Nothing too earth shaking in the decision, at least based on my limited read.
Ya, "the name of the place" is well known in the public realm but its fame as a mark was acquired during a time when it was a private entity.
I tend to agree that true public places - Boston, Phoenix, etc. - have the luxury of .gov and therefore ought not to be heard to have a claim of right to all uses of Boston, including the various .com versions. This isn't quite that, though.
This might be closer to Fenway Park. IF Fenway Park was torn down and the "place" sold to a developer for developing something like condos known as "Fenway Park" I suspect the developer could make the case for purchasing not only the land but also the moniker - especially if that was spelled out in the contract.
[edited by: Webwork at 6:37 pm (utc) on Aug. 15, 2006]
