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Irish and international media's interest was sparked in recent months by the dispute over the domain narnia.mobi
Now unless you've been living in a very dark cave far away from the rest of civilised society for the last fifty years, then you'd know that Narnia is the literary invention of CS Lewis. You might also know that Disney has made two films based on the first two books in the Narnia series, with more due to be made.
The Respondent asserts that the sole reason for registering the disputed domain name was to provide his son with an email address containing "Narnia" as a gift. According to the Respondent, his son is an enthusiastic fan of "The Chronicles of Narnia" books. The Respondent registered the disputed domain name shortly after the release of the first "Narnia" movie, at which time his son was nine years old. The Respondent alleges he decided to present his son with this gift on the event of his eleventh birthday on May 20, 2008, corresponding to the release of the second "Narnia" film in the United Kingdom of Great Britain and Northern Ireland ("United Kingdom").
So the question I'd have to ask is why the respondent deemed it necessary to register someone else's trademark. If all they wanted was a domain "containing" Narnia surely they could have opted for something else?
While the decision was, in many respects, a forgone conclusion, there are some interesting points raised in the decision about what exactly constitutes "bad faith" and how the burden of proof might be distributed.
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