The Economist loses domain fight for "The"

The Economist magazine's website can be reached by going to economist.com. But the international magazine, which has a large distribution in Canada, has lost its attempt to claim the name TheEconomist.com at the World Intellectual Property Organization, according to a story on Folio:. That domain name was and is still registered to Jason Rose, owner of Maryland-based TE Internet Services. Its content has not been updated in six years. The Economist tried to buy the name from him last summer for $500 but Rose said no. The magazine's management was alarmed that so much internet traffic was being diverted to the site, to its disadvantage.

Under WIPO rules, rights to a domain name can only be transferred if the complaining party can prove: that the name is identical or “confusingly similar” to a trademark or service for which it has rights, if the owner has no rights or legitimate interests in the name, and that the name was registered and used in bad faith.

In its decision, the WIPO concluded that, although it was “skeptical,” and “has some doubts,” The Economist magazine failed to prove that Rose and TE Internet Services used the domain name in bad faith. “The only way that Mr. Rose’s assertions can be tested is in litigation where a judge would have proper opportunity of assessing the quality of this evidence. A proceeding under the policy is not the proper forum for determining such a belated issue of fact,” WIPO said in the document.