http://arbiter.wipo.int/domains/decisions/html/d2000-0204.html

CPT agreed with this decision.  Penguin Books Limited is a large
publisher of paperback books, and the owner of penguin.com.

Anthony Katz is known to his friends as "the Penguin."   He had
registered penguin.org  He also appeared to have been very well
represented in the WIPO proceeding.  His side told the panel:

     i.   Anthony Katz was known as "Penguin" long before said
          domain name  was registered.

     ii.  Mr Katz has made only two uses of the said domain name
          , firstly as a personal e-mail address and
          secondly as the address of a personal www site. [Avery
          Dennison Corp. v. Sumpton, 1999 WL 635767 (9th Circuit.
          August 23, 1999), use of names a e-mail addresses does
          not constitute commercial use] 

     iii. Mr Katz registered said domain name  to
          establish a www site dedicated to penguins (the birds).

            [snip]

     xii. Mr Katz is not a cybersquatter: he is known as
          "Penguin"; he did not register the other domain names
           (registered August 24, 1998);
           (registered October 5, 1998) and
           (registered October 5, 1998) with the
          intention of re-sale. His circumstances can be
          distinguished from the position of the Respondent in
          Nabisco Brands Company v. The Patron Group, Inc. WIPO
          Case No. 2000-0032, February 23, 2000, David W. Plant,
          Presiding Panelist, as in that case the Respondent
          owned at least 53 domain names identical or virtually
          identical to registered U.S.A. trade marks of other
          companies such as Nestle, General Mills, Nabisco, AT&T,
          Pfizer, Proctor & Gamble and Warner-Lambert. In that
          case the Complainant established a continuous and
          obvious pattern of cybersquatting whereas Mr Katz
          registrations do not even remotely approach the pattern
          reviewed in Nabisco Brands.


   xviii. Hundreds, if not thousands of domain names have been
          registered in the name of families. It is not wrongful
          conduct so to do.

     xix. When registering a domain name, there is no obligation
          to disclose the nature of the entity identified as the
          registrant. There is no obligation under Texas law to
          register an alias of an individual or entity such as a
          partnership that does not conduct any business or
          commercial activities whatsoever.

     xx.  There is no evidence that Mr Katz registered the domain
          name in the name of the Katz Family to conceal his
          identity, as the WHOIS database identifies him as the
          administrative contact and provides his e-mail address
          at his current place of employment.

     xxi. The word "Penguin" and the mascot character "Tux" have
          become irreversibly associated with the LINUX computer
          system. Accordingly there is no bad faith in Mr Katz
          electing to show his personal allegiance to the LINUX
          operating system by posting an image of Tux on his
          homepage.

    xxii. Non commercial sites often identify the software that
          underlie the site Mr Katz has elected to identify the
          LINUX software and he gives a number of examples of
          other sites that do this.


In finding for Anthony Katz, who was permitted to keep
penguin.org, the WIPO panel noted:


          "This Administrative Panel is reluctant to
          engage in the activity of policing how much
          development the owner of a clearly personal
          Web site must do, in the absence of any other
          evidence of bad faith. Any attempt to apply
          any objective minimum standards for
          development could well impose a significant
          economic burden on innocent registrants as a
          precondition of holding their domain names.  

CPT Comment:


1.   WIPO was correct in permitting Anthony Katz to retain the
     use of Penguin.org.  

2.   There was nothing on the Penguin.org page that would lead
     one to believe that it was the publisher of Penguin Books.

3.   There are many legitimate uses of the word Penguin,
     including, for example, web pages about Penguin birds or
     about Linux, software which uses Penguins as a mascott, not
     to mention Penguin sporting or social clubs.  

4.   An expansion of the TLD space, creating such TLDs as .books,
     .birds, software or other TLDs, would help avoid such
     disputes.

5.   ICANN should not be in the business of deciding whether or
     not the Penguin domain should be used for the sale of books,
     for a site devoted to the Penguin birds, to promote sporting
     teams, for Linux software, or for personal use.  These are
     all legitimate uses of the word Penguin.

6.   In this case, it appears as though the respondent was well
     represented. CPT is concerned about cases where the
     respondent is not able to obtain effective representation.