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National Arbitration Forum Rules Against Children's Author

Friday, July, 15, 2011

The National Arbitration Forum often decides cases of great weight, but occasionally they also settle very specific issues in dispute.  That was the case this week when the National Arbitration Forum ruled against Victoria Kann, author of children's books such as "Pinkalicious and the Pink Drink."


At issue was control of the domain name  Kann wanted control of the domain so she could use it to promote her series of children's books featuring a character named Pinkalicious; the word also features heavily in the titles of the books.  The Pinkalicious domain had already been registered, however, and Kann was unable to even claim that this was a case of "cyber-squatting," when someone registers a domain specifically for the purpose of selling it at a high price later on.


National Arbitration Forum Weighed the Facts -- Including Dates


Kann filed an arbitration claim last month, but her case was fatally flawed.  The Pinkalicious domain had been registered in 2002, a full two years before Kann even had a contract to publish her Pinkalicious books.  This demonstrated that there was another valid reason why a domain owner would want the rights to the term "Pinkalicious." Additionally, Kann had not used her trademark on the term "Pinkalicious" until 2007.  With these facts in evidence, arbitration attorneys ruled against Kann.