Washington, DC c/o The Washington Post story:
(WIPOAM) Geneva, Switzerland, 31 December 2001, 11:06 AM CST

RE: Journalist wins major decision over intellectual property dispute.

The World Intellectual Property Organization Arbitration and Mediation Center (WIPOAM) announced on December 11, 2001 that the panel has ruled in favor of journalist Warren Faidley regarding a "bad faith" cybersquating case involving his own name.

Warren Faidley, a prize winning photojournalist and best-selling author who specializes in severe weather photography and cinematography, filed the complaint with the WIPOAM in September 2001. The complaint, presented by Phoenix attorney Jeff Whitley of Greenberg Traurig LLP, stated that Nick Nicholson, an admitted fan of Faidley's work, registered the domain name "warrenfaidley.com" and threatened to link the name to his own page, search engines and unspecified sites. Nicholson first offered to return the name to Faidley for a fee, then only if Faidley surrendered a federally registered Service Mark.

Nicholson promised to transfer the name on several occasions as seen in court documents, but he never completed the process. Nicholson also ignored multiple requests by Faidley's attorneys to transfer the name in lieu of a legal solution. (Only the owner of a domain name can approve the transfer.)

Faidley says Nicholson's ongoing publishing's in news groups are causing him serious damage and the "flames" are spreading beyond the news groups to his clients, fans, sponsors and "once friendly" chase associates. "Nicholson is misinformed on Service Mark law and my background. He does not understand the differences between Trademarks and Service Marks. He has also made several false and misleading statements regarding my credibility. The law worked for me this time. They (the WIPOAM) made the decision as to who was right and wrong. It's great to have my name back without the constant fear of his threats."

The WIPOAM stated in their decision that Nicholson registered the domain name with "spiteful intentions," and "clearly registered in bad faith... in an effort to harass and interfere with (Faidley's) celebrity status and goodwill."

The panel considered the act to be a "deliberate and calculated act." In addition to the cybersquatting issue, the WIPOAM also ruled that Faidley has "common law trademark rights to his name" because of his work and "the public recognition surrounding it." A separate complaint was filed with the Pima County Sheriff's Office on December 17, 2001 and is under investigation. Civil actions are pending.

For more information on the WIPOAM decision see this site

For the Washington Post story, see this site

Mr. Faidley's homepage is located here.

Complied by WS Inc. Public Relations

©2002 WS Inc.