Recent Case Notes & Commentary

Claim by Actress to Unregistered Trademark Succeeds

The case is Lisa Guerrero v. Whois Protection, WIPO D2009-1055.


It would be hard to categorise Lisa Guerrero, for she is a broadcaster and producer but has been a model and an actress. She has appeared in many popular TV shows in the United States. She has her own website where fans demonstrate their loyalty and promotional products are available.


The disputed domain name was being used for a website with links to sites offering social contacts and related personal services.


The panellist deciding the case had no difficulty in finding that Ms Guerrero had established a common law trademark in her own name. As the panellist put it:

“Upon review of the uncontested evidence that the Complainant has submitted in this dispute, the Panel is prepared to find that the Complainant has developed a reputation in the area of entertainment services, namely acting, modelling and broadcasting, to support a finding of common law rights in her name. The Panel is prepared to find that Lisa Guerrero has achieved a significant level of reputation in the United States of America and on the Internet in connection with the provision of the aforementioned services in commerce, and accordingly the Panel accepts that the name Lisa Guerrero is well-known and closely associated with the Complainant.”


We have often had to comment on cases such as this that failed because the necessary evidence had not been adduced. But here is a case where the evidence was put in and the case succeeded.