Scottish family loses Narnia domain name fight to C S Lewis” estate

July 24th, 2008 - 1:52 pm ICT by ANI  

London, July 24 (ANI): A Scottish couple has lost the battle in a property dispute with the estate of the author C.S. Lewis over a Narnia Internet domain name that they purchased for their 11-year-old son as a birthday gift.
Richard and Gillian Saville-Smith, from Edinburgh, paid 70 pounds for the domain name narnia.mobi in 2006 so their son could have it as an email address.
They were asked to return the domain name to the C.S. Lewis company but the couple refused.
The family was then slapped with a 128-page legal complaint filed with the World Intellectual Property Organization (WIPO) in Switzerland.
In the ruling, it was given that the domain name should be transferred to C.S. Lewis (Pte) Ltd.
Mr Saville-Smith’’s wife Gillian said she was shocked by the decision.
“It should have been pretty straightforward,” BBC quoted Fergusson as saying.
“They had to prove that we had made a bad faith purchase, that we had been using it to make money.
“We provided very clear statements from the internet registration company saying that we had not tried to make any money and yet somehow it has just simply ignored the evidence,” she said.
She further added that they had not done anything illegal or wrong and that they we were perfectly entitled to have this domain name. She said she thought the WIPO had decided to transfer the domain name because the company has other Narnia trademarks.
“It did not really matter what we said,” Ms Fergusson stated.
“They should have to prove it but unfortunately they ignored the evidence and did not accept that an e-mail address for a child was a legitimate use,” she said.
In 2006, companies had a three-month period to express interest in .mobi website names before they were made more widely available.
“We have not done anything illegal or wrong, we were perfectly entitled to have this domain name,” Ms Fergusson said.
“There was three months in which they could have registered this. There was a private period for any trademark holder to register any .mobi domain name when they went on sale in 2006.
“We did not buy ours until after that three-month period had expired and it was open for public sale,” she added. (ANI)

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