Case Title:

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Case Title Case 9-4 Experience Hendrix, L.L.C.
v. Hammerton Judicial Body World Intellectual
Property Organization Arbitration and Mediation
Center (WIPO) The World Intellectual Property
Organization (WIPO) is an international
organization dedicated to promoting the use and
protection of works of the human spirit. These
works intellectual property are expanding the
bounds of science and technology and enriching
the world of the arts. Through its work, WIPO
plays an important role in enhancing the quality
and enjoyment of life, as well as creating real
wealth for nations. With headquarters in Geneva,
Switzerland, WIPO is one of the 16 specialized
agencies of the United Nations system of
organizations. It administers 23 international
treaties dealing with different aspects of
intellectual property protection. The
Organization counts 179 nations as member states.
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• Facts
• Experience Hendrix L.L.C. (Complainant) v.s. Mr.
  Denny Hammerton
• a.       Experience Hendrix L.L.C. is the owner
  of all rights in the name JIMI HENDRIX as well as
  all common law rights and is the owner of several
  trademarks and service marks. It is also
  registrant of jimihendrix.org and the official
  web site www.jimi-hendrix.com.
• b.      Mr. Hammerton registered the web site
  www.jimihendrix.com and proceeded to sell other
  vanity email addresses incorporating
  jimihendrix.com
• c.       Experience Hendrix L.L.C. contacted the
  web site registrar and requested that the domain
  name be placed on hold per the domain name
  dispute policy of the registrar. The complainant
  contended that the domain name was identical
  and/or confusingly similar to the name and marks
  owned by them.
• d.      Complainant contends that the respondent
  used the domain name in 1. Use of their good
  will, 2. purely commercial and thus for profit,
  3. as a business venture for speculation and thus
  profit, 4. bad faith.
• e.       Mr. Hammerton claims that his
  registration of the domain name precedes the
  Complainants trademark, also that a word with
  .com after it is not identical, he claims that he
  never offered the name for sale and that he never
  used the site in bad faith, contends that WIPO is
  an arbitrary board and that if it were to take
  his site name away it would be theft and under
  the American Constitution that is a violation of
  his rights.

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Issue The legal issue is one of intellectual
property protection and trademark/patent
infringement. The evolution of the Internet as a
new unclaimed real estate has allowed many to
put into question as well as challenge ownership
and intellectual rights. Decision The
Complainant in this case is the winner as they
achieved protection of their trademark as well as
image. Mr. Hammerton attempted to
opportunistically capitalize on the JIMMI HENDRIX
brand loyalty, something that took years of
effort in talent and expense. Rational
(i)    that the domain name in issue is
identical to the Complainants mark (ii)   that
the Respondent has no rights or legitimate
interests in the domain name that the
Respondent registered and used the domain name in
bad faith. Accordingly, the Panelist requires
that the registration of the domain name
"jimihendrix.com" be transferred to the
Complainant.
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Relevancy Internet or e-business has
mushroomed into a vast territory of opportunity
and challenges. The protection of organizations
intellectual property is essential to control and
thus allow for further development. If the
internet was not monitored and did not respect
intellectual protection as well as recognition of
established business enterprises and their
investments then it would no longer be used as a
business venue as it would assume a predatory
aura or a free for all. Internationally speaking
many companies would be taken advantage of as
legal borders are nonexistent on the web and thus
no rules or regulations would result in a
disrespectful environment.