The Famous-Name Domain-Name

The Complainant, Tucker Carlson, is an “internationally famous television news anchor and author, most famous for his role as anchor of the eponymous televised newsmagazines Tucker (MSNBC) and Tucker Carlson: Unfiltered (PBS), as well as his role as co-host of Crossfire (CNN).”  Complainant alleges that the name ‘Tucker Carlson’ has acquired secondary meaning and, as a result, has obtained common law trademark status. Respondent, owner of the disputed domain name www.tuckercarlson.com, failed to reply to the complaint.

While the UDRP does not protect personal names, “in situations where an unregistered personal name is being used for trade or commerce, the complainant can establish common law trademark rights in the name.”  Ultimately, the Panel found enough evidence documenting the name was being used in commerce and found that the Complainant had established common law trademark rights in the mark.  In addition, in following well-established principal in ignoring the top-level domain name (i.e., ‘.com’), the Panel found the name (‘tuckercarlson’) to be identical to the mark (‘Tucker Carlson’).

The disputed domain name resolves to a website that “provides links to websites that purport to sell products or provide information relating to Mr. Carlson and his services established under the ‘Tucker Carlson’ mark.”  After a finding that the Respondent had no rights or legitimate interest in the mark, the Panel also found that the disputed domain name was registered and being used in bad faith and “that the links on the website associated with the disputed domain name may indeed create a likelihood of confusion with the ‘Tucker Carlson’ mark . . .”  Interestingly, the Panel also considered the evidence presented by the Complainant indicating that the Respondent had offered to sell the disputed domain name for $1,088.00 and agreed with the Complainant’s contentions that “this figure likely exceeds any registration and maintenance costs.”  The Panel found for the Complainant and ordered transfer of the disputed domain name to him.  Tucker Carlson v. Domain Privacy Ltd.,  WIPO Case No. D2008-0474