marlonbrando.com legal fight

[gogeorge]

I read in the LA Times and other sites that the Marlon Brando estate is trying to shut down www.marlonbrando.com

 

[Dave Zan]

It's pending at NAF, commenced on July 7, case # 503817.

 

[Auction]

Wasn't that domain recently placed up for sale or appraisal on this forum?

 

[Arsenik]

www.marlonbrando.com/news.htm

On June 23, 2005, a dispute over the domain name marlonbrando.com was filed by the Marlon Brando Estate with the National Arbitration Forum (a division of ICANN) in which they allege that they own rights to the domain name. The Estate is overlooking the fact that the domain name was a gift given to Jo An Corrales, a former employee, by Mr. Brando in 2002. Mr. Brando jokingly stated that he wanted a listing of everyone he didn’t like on there, but she could use it as she pleased.

ahhh it is going to be interesting...

http://www.calendarlive.com/printedition/calendar/qtakes/cl-et-brando8jul08,0,1973348.story

Jo An Corrales of Kalama, Wash., who was a personal friend of the late actor for 40 years, is already locked in litigation with the estate over her claims that Brando sexually harassed her. As to the more recent fight, the actor personally gave her permission in 2002 to operate the website, even joking that he wanted her to list everyone he didn't like on it. Corrales said Brando, who died of lung failure at 80 on July 1, 2004, also told her she could do with the website as she pleased.

ummm her motives do seem questionable on that aspect. Maybe she was harassed but waiting after he dies to claim it raises questions.

I taught the estate didnt have a case but with the owner(s) of the domain maybe wanting to paint the actor in a less then favorable way they should have something to stand on... the owner is alleging being sexually harassed after all.

 

[Theo]

Wasn't that domain recently placed up for sale or appraisal on this forum?

Yes but the search feature comes up with nothing.

 

[DigitalDelay]

I am the webmaster for marlonbrando.com

I have never been to arbitration with ICANN before... and neither have our lawyers.

It is our contention that since Mr. Brando gave the website to one of his friends to do with as she pleases, it belongs to us... and not the estate. As far as the trademark violations go, we are sharing intelectual properties (memories about Marlon Brando from former employees) with the general public for a fee.

How long does this process take? Any ideas?

See: For the full press release.

I read in the LA Times and other sites that the Marlon Brando estate is trying to shut down www.marlonbrando.com

 

[Dave Zan]

I am the webmaster for marlonbrando.com

I have never been to arbitration with ICANN before... and neither have our lawyers.

It is our contention that since Mr. Brando gave the website to one of his friends to do with as she pleases, it belongs to us... and not the estate. As far as the trademark violations go, we are sharing intelectual properties (memories about Marlon Brando from former employees) with the general public for a fee.

How long does this process take? Any ideas?

See: For the full press release.

Sorry, DigitalDelay. But you're better off retaining specialized legal counsel for
this matter instead of asking for feedback, especially now that the UDRP for it
has begun.

2 choices here are John Berryhill (jberryhill) and Howard Neu (HOWARD).

This could get ugly...

 

[DigitalDelay]

I wasn't looking for legal advice... I was just curious if anyone else has gone though this and how long this process takes.

It already is ugly... and spendy

Sorry, DigitalDelay. But you're better off retaining specialized legal counsel for
this matter instead of asking for feedback, especially now that the UDRP for it
has begun.

This could get ugly.

 

[Domagon]

Going into a UDRP proceeding without experienced attorney(s) doesn't sound like a good plan ... but then perhaps you're get lucky like the registrant of elizabethtaylor.com did recently.

I'll throw out my layman's opinion here ...

Firstly ... UDRP the last I checked has no formal rules for discovery - some panelists (your side did ask and pay for a panel right? -having only one panelist, with some limited exceptions, is often bad for the respondent) will improvise; will research on their own various facts presented ... but one can't count on this - be prepared for the complainant's attorneys to throw in everything including the kitchen sink; attempting to challenge so many points can get involved and very often lead to slip ups that weakening the respondent's position.

With that said, you may be in luck in that the law firm that filed 'marlon brando' marks allowed one to be abandoned (serial 76417738) - they appeared to run into a problem.

And their luck with their very recent registrations may not be any better - I see USPTO responses were sent ... not sure if they were simply standard procedural responses or are for more serious issues.

Even assuming their registrations are totally shot ... a common law mark alone can spell trouble - if they can present a good case as to having one, then your side may likely be forced to challenge that point and/or claim to have a common mark as well for the name; if both sides have trademark rights, then the panel may choose to rule for the respondent ... but quite possibly they may, in such a situation, choose to not make a definative ruling either way, which could lead the way to a legal fight in court - that's where the costs can really go crazy ... have 6-figures ready to spend; in all likelyhood, the other side may not be willing to fight that hard based on my cursory reading of this thread, the marlonbrando.com website, and their TM filings ... but point is the potential of the costs esculating sky high is there - and once such a legal case is moving along, one may find bailing out to not be a viable option.

Ultimately it could come down to whether the domain is being used in bad faith - and it appears you recognize that already from what you've written ... with that said, even though the domain was allegedly given as a gift to someone, that doesn't automatically mean it's being used in good faith nor preclude them from gaining control over the domain.

Anyways, I'm rambling on - at minimum, consult with an attorney who is knowledgeable of UDRP *and* ideally has been through some UDRP fights ... best to be overprepared, then get caught short; your posts here suggests to me, perhaps wrongly, that you're unprepared for the UDRP arbitration hearing; even if the panel rules your way, arbitration isn't automatically the end - they could respond with legal action; lawsuits, etc.

Ron

 

[namestrands]

I wasn't looking for legal advice... I was just curious if anyone else has gone though this and how long this process takes.

It already is ugly... and spendy

Normally 14 days from the last day you can submit your response.. you should have been given a schedule by the NAF..

 

[jupzchris]

I am also working with the marlonbrando.com site

We will win - the estate will lose.

That simple.