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DC Comics wins dispute over ManofSteel.com domain name

On July 19, 2011 a single-member Panel of the National Arbitration Forum ruled that the manofsteel.com domain name be transferred from its current owner to DC Comics who had filed a domain dispute in late June.

The panelist, James A. Carmody, Esq., said that manofsteel.com is identical to DC Comics’ trademarks — “MAN OF STEEL” (registered in 1999) and THE MAN OF STEEL (registered in 1987). The panelist also found that because the domain name resolved to a website which displayed links and advertisements, that the respondent’s use of the domain name was neither a bona fide offering of goods or services, nor a legitimate noncommercial or fair use. The panelist also found that registration and use of manofsteel.com demonstrated bad faith.

The respondent in the dispute, Coni c/o LBR Enterprises, failed to submit a response.

Warner Bros and DC Comics are set to release “Man of Steel” in December 2012.

TheManofSteel.com, which is not owned by Warner Bros or DC Comics, is up for sale at Sedo for $300 by its current owner.

The full decision can be read here.

Discussion: BleedingCool.com, SuperHeroHype, Comic Book Resources, and BuyDomains

Updated July 20, 2011: Turns out the complainant in the case was DC Comics, not Warner Bros. A single-member panel has ruled in favor of DC Comics and ordered the domain name to be transferred. Details here.

It appears Warner Bros wants the domain name ManofSteel.com for its big film project set to release in December 2012.

A complaint (case no. 1395018) was filed with the National Arbitration Forum (“NAF”) this week. Though the complainant isn’t known at this time, DC Comics a subsidiary company of Warner Bros has owned the trademark on “The Man of Steel” since the 1980s.

Over the last ten years, Warner Bros has filed (and won) a number of domain disputes including chasingsuperman.com, batman-costume.com, gilligansisland.com, harrypotterzone.com, justice-league.com, and dozens more. The company’s claims were denied twice, once over djbatman.com and the second time over daisydukes.com which is owned by Rick Schwartz. Rick Schwartz won the case after Warner Bros had not satisfied its burden of proof to establish bad faith registration and use under paragraph 4(a)(iii) of the Policy.

In the case of ManofSteel.com, which is currently registered to a LBR Enterprises in California, chances are the domain name will be transferred to Warner Bros. if they are the complainant.

The company also doesn’t own TheManofSteel.com, but no dispute has been filed as of yet. The domain name is currently listed for sale at Sedo for $300 USD, a cheap price compared to what the company may have to pay in legal fees (should it file a complaint) for a legal dispute that is not guaranteed to go in their favor.