The Guardian is reporting on an upcoming legal battle between the estate of CS Lewis, author of the much loved Narnia series of children’s books, and Richard Saville-Smith, a father who allegedly bought the domain narnia.mobi as a birthday present for his son.
According to The Guardian, Saville-Smith received a very large dossier (128 pages) from lawyers acting on behalf of CS Lewis Ltd. Essentially the dossier claims that Saville-Smith:
bought [the domain] in bad faith with the aim of making money from the Narnia name in a common internet practice known as cyber-squatting.
Saville-Smith denies the claims, and is apparently intent on fighting the legal action, potentially resulting in a hearing at the World Intellectual Property Organisation (WIPO) which handles such cases.
The case raises a couple of issues. The first is the importance of acquiring all domains relating to a brand, if you want to avoid such costly court cases. When launching a new brand, the first thing that you should do is make sure that you snap up all the relevant domains, including international ones (or cc TLDs as they’re known) if you ever plan to take the brand international. It seems like in this case, CS Lewis Ltd simply took their eye off the ball. According to The Guardian:
[Saville-Smith] says he bought the domain legitimately in September 2006 after the expiry of a three-month “sunrise period” - a time when owners of a trademark can buy up all names relating to their name ahead of a general sale.
D’oh, or, to use a more internet friendly term, FAIL.
In this instance there is also the danger of negative PR for CS Lewis Ltd if it is found that the domain really was bought as a present for a child, and not in a bid to capitalise on the popularity of the Narnia series. I’m sure that it is of course complete coincidence that this week sees the release of Prince Caspian, the 2nd film in the Narnia series.
The other interesting point here, is whether a .mobi domain is actually worth all of this hassle. Now I can completely understand that CS Lewis Ltd simply don’t want any Narnia domains to be outside of their control (which raises the point of why they didn’t simply claim it when they had the chance). However recent developments have made the huge rush to secure .mobi domains a couple of years ago look slightly premature.
If you look at how many major internet brands handle mobile phone browsing, you’ll notice that .mobi domains appear to have fallen out of favour. Both Facebook & Twitter utilise sub-domains, so they can be accessed at m.facebook.com & m.twitter.com respectively. And with the rise of smart phones, such as the Nokia N95 or iPhone, the browsing experience is so much better than on older generations of phones that it may not even be necessary to have a specialist mobile domain at all.
What’s certain though is that as long as brands don’t pay as much attention to what’s happening as they do online, issues like this will continue to crop up. And it’s also certain that whilst they’re meant for children, I’ll be one of those at the front of the queue for Prince Caspian when it comes out on Friday.
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