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National Arbitration Forum Issues Decision on Football Great Emmitt Smith’s Web Address

Posted by Media Relations on Friday, October 28th, 2005 - Comments »

A National Arbitration Forum arbitrator rules in favor of Emmitt Smith regarding the Internet domain name emmittsmith.com. Minneapolis, MN (PRWEB) October 28, 2005 — The National Arbitration Forum announced today that a ruling has been issued in favor of former Dallas Cowboy and all-time NFL rushing yards leader Emmitt Smith regarding the rights to emmittsmith.com.The National Arbitration Forum received an electronic complaint on September 8, 2005 from Emmitt Smith III, represented by John A. Thomas, of Glast, Phillips & Murray, P.C., asserting legal rights to the domain name emmittsmith.com. The address was registered by the Respondent, EMMITSMITH.com c/o Whois IDentity Shield, of Vancouver, British Columbia, on May 17, 2001. It redirected Internet users to a commercial website featuring links to third-party businesses unrelated to Emmitt Smith.National Arbitration Forum arbitrator Tyrus R. Atkinson, Jr. ruled in favor of Emmitt Smith. The arbitrator determined that Smith possesses common law rights in his name based on the fame and reputation associated with his NFL career, and that the Web address emmittsmith.com was “confusingly similar” to Smith’s name. Atkinson also found that the Respondent did not have legitimate rights to, or interest in, the disputed Web address and was using the address in bad faith presumably earning commissions for redirecting Internet traffic to third-party commercial sites.During the course of the proceedings, the Respondent’s registration of the domain name emmittsmith.com was either deleted or expired, prompting Smith to redeem the domain name under the new Expired Domain Deletion Policy (EDDP) of the Internet Corporation for Assigned Names and Numbers (ICANN). This was the first decision issued by the National Arbitration Forum utilizing the EDDP.The National Arbitration Forum hears thousands of disputes every year that are similar to that of Emmitt Smith. The domain name dispute process is a popular alternative to lengthy and expensive trademark lawsuits.The National Arbitration Forum website provides a copy of the decision, Emmitt J. Smith, III v. EMMITTSMITH.COM c/o Whois IDentity Shield, at:http://www.arb-forum.com/domains/decisions/555486.htm.For more information about National Arbitration Forum and to access its Alternative Dispute Resolution (ADR) newsletter, visit http://arbitration-forum.blogspot.com/About the National Arbitration ForumThe National Arbitration Forum is one of the world’s leading providers of alternative dispute resolution solutions, including arbitration and mediation, representing a distinguished panel of over 1,500 attorneys and retired judges in the U.S. and in 29 countries. Founded in 1986, the National Arbitration Forum administers more than 50,000 cases annually. Headquartered in Minneapolis, Minnesota, the National Arbitration Forum also has offices located in New Jersey and Los Angeles. The National Arbitration Forum also publishes an alternative dispute resolution (ADR) newsletter and blog (http://arbitration-forum.blogspot.com/). Additional information is available at the National Arbitration Forum’s website at www.arbitration-forum.com.Contact:Kimberly Johnson952.516.6478# # #

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