Hey, Hey, Hey...The Cosby Kids Domain Name Exploits

The domain name "cosbykids.com" was registered by the Respondent in this case to resolve to a website entitled "Cosby Kids", which contained a link to the Respondent's "GO Times" website, an e-commerce store, and also contained links to third-party websites providing various entertainment-related goods and services.  Bill Cosby, the well-known comedian, writer, actor and producer who, among other things, developed the popular animated television series "Fat Albert and the Cosby Kids", took issue with this alleged infringement on his trademark rights in "Cosby Kids" and "Cosby" and filed a WIPO proceeding seeking transfer of the domain name.

Given Bill Cosby's extensive use of the marks "Cosby Kids" and "Cosby" in connection with his entertainment goods and services, the Panel recognized the impressive number of panelists in other WIPO proceedings that have recognized that celebrities who use their given names for commercial purposes may establish common law rights in their name sufficient to invoke the Policy, and were persuaded that Bill Cosby had established common law trademark rights or service mark rights in "Cosby" and Cosby Kids".

The Respondent, known for registering other domain names containing third-party trademarks, was readily found lacking in rights or legitimate interest in the disputed domain name, as well as having registered and used the domain in bad faith, particularly since he used the domain for commercial profit and to exploit Bill Cosby's marks.  Ordering that the disputed domain name be transferred, the Panel noted that "when a domain name is so obviously connected with a Complainant and its products or services, its very use by a registrant with no connection to the Complainant suggests 'opportunistic bad faith'".  Mr. William H. Cosby, Jr. v. Research Required, Inc., WIPO Case No., D2007-1556.