A Better UDRP Standard For Personal Names

The Uniform Domain Name Dispute Resolution Policy (the "UDRP" or the "Policy") frequently provides a welcome remedy for those trademark owners who fall victim to cybersquatters. But the UDRP is not so kind to individuals whose personal names are similarly targeted. UDRP decisions almost always require that an individual demonstrate commercial success in his or her personal name before ordering transfer of a domain name incorporating that personal name.

Imagine the different fates of our fictional characters, the sports hero, "Brute Force" and the environmental activist, "Leafy Greene." Brute plays center for a professional basketball team. Win or lose, this towering figure's name is in the papers throughout the season. He appears on cereal boxes and he endorses athletic shoes for a handsome fee. In a word, "Brute Force" is a commercial success. Under the UDRP, Brute can, very likely, protect the use of his name against cybersquatters who register the likes