Steve Papermaster, a seasoned entrepreneur and investor based in Austin, has lost a cybersquatting dispute involving a domain that hosts a negative critique about him. The domain in question, StevenPapermaster, was set up by Australian resident Mark Smith, who uses the site to label Papermaster a “conman” and detail various disputes associated with him.
In a surprising twist, Smith also acquired Papermaster’s former domain, StevePapermaster, through a court-appointed receiver.
The case was reviewed by Jeremy Speres, a panelist with the World Intellectual Property Organization (WIPO), who concluded that Papermaster failed to establish common law trademark rights to his name. The Uniform Domain Name Dispute Resolution Policy (UDRP) imposes stringent requirements for individuals seeking to claim trademark rights in their personal names.
Although Speres did not delve into the matters of rights or legitimate interests and the issue of bad faith registration, it is likely that Papermaster’s complaint would have faced obstacles even with evidence of common law rights. WIPO panelists often reject cases concerning gripe sites, citing freedom of speech protections.
Papermaster was represented by the law firm De Penning & De Penning, while it appears that Smith may have defended himself without legal representation.
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