Smurfs on the attack
November 9, 2005 Comments Off on Smurfs on the attack
Studio Peyo, which owns the rights to the Smurfs trademark and copyright, has been sending out threatening letters to webmasters who use the name in their web addresses.
the simple registration of a domain name websmurfer.devnull.net containing a protected denomination and the use of that domain name, even as a personal webpage, constitutes a violation of the copyright and trademark rights attached to this denomination, notwithstanding if the web-site refer or not to the Smurf™ character by itself
Reply from ICANN’s:
ICANN’s UDRP does not apply to the site ‘websmurfer.devnull.net‘ and even if it did the UDRP would not treat that site as having been registered in bad faith and would consider my use of the term ‘websmurfer’ a legitimate interest in the name.
Knowing that the official smurf page is an absolutely hideous site, I can almost not believe that some big law firm is pulling this.
And of course this article can be reached at http://smurf.reys.be/