British Tabloid Made Woman Immediately Famous

A woman who gained instant fame after being selected for the Guinness Book of World Records can recover a domain name using her name that was registered days after she became famous.

Rachel Aldana won a contest run by the British tabloid “The People” for having the “biggest breasts in Britain.” After publication of the article announcing her prize, net tech registered her name as a domain name and then offered to sell her the domain name. Even though the woman was not famous prior to the article, the panel found that the “contest and induction lead to immediate fame and notoriety for Complainant,” so that she gained common law trademark rights.

A National Arbitration Forum panel operating under the Uniform Domain Name Dispute Resolution Policy (UDRP) took special note of the timing of the domain name registration. The panel concluded that “Respondent’s registration of an identical domain name just after announcement in the British press regarding Complainant is a prime example of opportunistic bad faith.” The Complainant was represented by Richard C. Balough.

Rachel Aldana v. net tech, Claim No. FA0806001202934, issued July 24, 2008.