Intellectual Property Law

Murdoch Outfoxed Over Domain Name Dispute

By Ryan Singel, Kevin Poulsen, Sarah Lai Stirland, Kim Zetter, and David Kravets

The Fox News Network is a ratings leader in cable news. But the channel is a loser when it comes to protecting its Fox mark.

The World Intellectual Property Organization is concluding that a Florida businessman is the rightful owner to foxbusinessnetwork.com. Still, WIPO said it was "suspicious" that the name was registered the same day the Rupert Murdoch-owned network announced February 2007 it was launching a business news channel.

The WIPO quashed allegations that the news network was engaged in "reverse name hijacking."

The decision certifies that Worldwide Directory Services of Sebring, Florida, is the rightful owner of the disputed domain name. Derek Hodges, Worldwide's president, goes by the nickname "British Fox." Hodges had used the term Fox Business Network for legitimate offerings of services, including a domain name registration business and free business web page offerings, WIPO concluded.

While WIPO acknowledged that the evidence of Hodges' use of the Fox Business Network name was "slender," Hodges "operated an active and bona fide business that used the term 'Fox Business Network' in its promotion for several years before this dispute arose," WIPO said.

Fox claimed that Hodges had tried to sell the name to the news channel for $50,000 and registered the domain name not in the furtherance of a legitimate business activity but to stir confusion with the business channel.

The WIPO called the timing of the domain name buy "hasty." But it concluded that "The purchase might just as well be attributed to an effort to protect a name, 'Fox Business Network' that (Hodges) had been using before (Fox) announced its own intentions to use a similar name 'Fox Business Channel.'"

See Also:

• Big, Small Media Create Colluding Copyright Cartel
• McCain's Disputed Fox Debate Clip a Viral Hit Online
• THREAT LEVEL's Year in Review -- 2007
• Pirate Fined $888 for Uploading 'Simpsons' Flick Ahead of ...
• DMCA Abuser Apologizes, Will Take Copyright Law Course
• Presidential Debates on the Web: How Does Fair Use Apply?

Full post as published by Threat Level on March 10, 2008 (boomark / email).