
At long last, Tom Cruise has been proclaimed the master of his domain name.
An Internet dispute body run by the U.N.'s World Intellectual Property
Organization has awarded the actor custody of TomCruise.com, ordering a
cybersquatter who had been operating the site to turn the URL over to its
rightful owner.
Cruise is just one of hundreds of celebrities whose famous names have
been snatched up by Canadian businessman Jeff Burgar, who uses the sites to
redirect visitors to his Celebrity1000.com Website.
Burgar had owned and operated TomCruise.com since 1996. He is well known
to WIPO, having previously gone before panels to argue his right to own domain
names including CelineDion.com (he lost), KevinSpacey.com (he lost),
PamelaAnderson.com (he lost) and BruceSpringsteen.com (he won and still
maintains the site), among others.
Lawyers for the Mission: Impossible star argued that Cruise had "common
law trademark and service mark rights" to the term Tom Cruise; that Burgar was
making money off the actor's name through third-party ads on his
Celebrity1000.com site; and that visitors to the site might be confused into
believing that Cruise was somehow affiliated with it.
In response, Burgar claimed that the site was a fansite that included a
biography of Cruise and that his use of the domain should be protected by free
speech.
However, the WIPO panel disagreed, stating in its decision that "free speech
does not by definition entail a right to take unfair commercial advantage of a
trademark."
As of Monday, the Website was still listed under Burgar's Alberta Hotrods
organization, though typing in the address yielded an error message.
Other Cruise-related domains, including TomCruise.net and TomCruise.org,
were registered to Trout & Zimmer, a Burbank, California firm that helps
companies register and acquire domains.
A rep for Cruise had no comment on his client's victory.
It's not the first time the actor has tangled with the Web.
Last fall, Cruise was the victim of an Internet hoax in the form of a
fake press release posted on a British Website that touted his upcoming series
of lectures on mental health topics, including one supposedly titled, "Handling
Sexual Disorientation: Out of the Closet and into the Auditing Room."
His less than amused attorney was quick to dismiss the release as
"totally phony."
Then in October 2005, the Church of Scientology took issue with the
Cruise-skewering site ScienTOMogy.info, complaining that the site infringed on
the Church's trademark. Though the operator of the site, which offers a vast
collection of Cruise-mocking material, originally agreed to change the domain
name, it remains up and running today.
Less enduring was the short-lived SuriCruise.com, an unauthorized site
that offered a clock counting down the days, hours, minutes and seconds until
Cruise and Katie Holmes' daughter, born Apr. 18, came of legal age.
"With Tom Cruise as her father and Katie Holmes as her mother, it's not a
question of whether or not Suri will be good looking, but rather how hot she'll
really be!" the site once proclaimed.
As of Monday, the site was as inaccessible as its mysterious subject
matter.