Aimster, the file-swapping service, has said it is going to court
in the US to fight for the right to keep its domain name following
a split-decision by an arbitration panel to transfer the name to
AOL.
The Minneapolis-based National Arbitration Forum (NAF), one of
four ICANN-authorised domain name dispute resolution bodies, ruled
this month 2-1 in favour of transferring the name to AOL.
Aimster lets millions of users transfer files stored on other
users' hard drives – a form of peer-to-peer computing. Its name has
long been thought to be a reference to AIM, AOL’s Instant Messenger
service, and Napster, the best known file sharing network. Aimster
“piggybacks” on instant messenger services, the best known of which
is AIM, to let users swap their files only with those users
included in their own instant messenger “buddy lists,” as opposed
to swapping files with all other Aimster users.
AOL successfully argued before the NAF that the domain name
aimster.com infringed its trade marks in AIM, that Aimster had no
rights or legitimate interests in the name and that it was
registered and being used in bad faith.
Aimster’s CEO Johnny Deep was supported by one of the three
panellists in the NAF who thought the matter should be resolved in
court, not in the NAF. The set of rules followed by the NAF and
other forums like the World Intellectual Property Organisation
(WIPO) in Geneva are from ICANN's Uniform Dispute Resolution Policy
(UDRP). The UDRP was intended to deal with cases of abusive domain
name registration – i.e. cybersquatting. Where more than one party
has a legitimate claim to a domain name, the matter is not suited
to the UDRP and should be resolved elsewhere. Only one of the three
panellists considered the case unsuited to the UDRP.
Johnny Deep argues that the name Aimster was inspired by his
daughter, Madeline, nicknamed “Aimee.” Aimee has long been used as
the “face of Aimster” and has her own fan site within the main
site. Deep also argues that the AIM mark is not famous and thatit
is not eligible for protection.
Aimster recently sought a court’s declaration that it does not
infringe copyrights, pre-empting anticipated lawsuits from the
media industries that targeted Napster.
