A Better UDRP Standard For Personal Names: Part 2

In the first part of this series, we examined the present state of decisions under the Uniform Domain Name Dispute Resolution Policy concerning claims that a domain name infringes an individual's rights in his or her personal name. Although these decisions present some inconsistencies, most require claimants to demonstrate that they have used their personal names in connection with marketing commercial goods or services to prove that they have protectable rights in their names. In this second and final part of this series, we argue that this standard is too narrow and should be expanded to protect other well-known individuals who have developed goodwill and secondary meaning in their names through noncommercial activities.