The Minneapolis-based National Arbitration Forum (NAF), one of four ICANN-authorised domain name dispute resolution bodies, ruled this month 2-1 in favour of transferring the name to AOL.
Aimster lets millions of users transfer files stored on other users' hard drives – a form of peer-to-peer computing. Its name has long been thought to be a reference to AIM, AOL’s Instant Messenger service, and Napster, the best known file sharing network. Aimster “piggybacks” on instant messenger services, the best known of which is AIM, to let users swap their files only with those users included in their own instant messenger “buddy lists,” as opposed to swapping files with all other Aimster users.
AOL successfully argued before the NAF that the domain name aimster.com infringed its trade marks in AIM, that Aimster had no rights or legitimate interests in the name and that it was registered and being used in bad faith.
Aimster’s CEO Johnny Deep was supported by one of the three panellists in the NAF who thought the matter should be resolved in court, not in the NAF. The set of rules followed by the NAF and other forums like the World Intellectual Property Organisation (WIPO) in Geneva are from ICANN's Uniform Dispute Resolution Policy (UDRP). The UDRP was intended to deal with cases of abusive domain name registration – i.e. cybersquatting. Where more than one party has a legitimate claim to a domain name, the matter is not suited to the UDRP and should be resolved elsewhere. Only one of the three panellists considered the case unsuited to the UDRP.
Johnny Deep argues that the name Aimster was inspired by his daughter, Madeline, nicknamed “Aimee.” Aimee has long been used as the “face of Aimster” and has her own fan site within the main site. Deep also argues that the AIM mark is not famous and thatit is not eligible for protection.
Aimster recently sought a court’s declaration that it does not infringe copyrights, pre-empting anticipated lawsuits from the media industries that targeted Napster.