Update: What happened behind the scenes – an interview with Ms. Megan Barth.
The domain ReaganBaby.com, used as a conservative political outlet with a matching blog and radio show, was lost via the UDRP process.
Complainant is The Ronald Reagan Presidential Foundation and Institute, which stated it has rights to the RONALD REAGAN and REAGAN marks:
“Complainant is a foundation created to continue the legacy and principles of President Ronald Reagan. Complainant uses the REAGAN and RONALD REAGAN marks for the interstate commerce of goods and services related to the foundation and the Reagan Library museum store. Complainant possesses common law rights in Ronald Reagan’s name and variations thereof. Complainant registered the RONALD REAGAN mark with the United States Patent and Trademark Office.”
Quite shockingly, the Respondent, Megan Barth, did not issue a response to this UDRP.
According to the Urban Dictionary, the term “Reagan Baby” is a reference to children that were born during the 8 year tenure of the late US President, Ronald Reagan:
“A person born between January 20, 1981 and January 20, 1989 under the presidential term of Ronald Reagan. As adults, they tend to enjoy tight jeans, loose scarves and brightly colored Wayfarers”
While that definition is humorous, it most likely represents a valid use of the term at the time; the lack of response by the Respondent seems like a lost opportunity to support this plausible meaning and justify its domain use.
Ms. Barth’s bio provides the following information:
“Megan Barth is the founder and proprietor of ReaganBaby.com and a nationally recognized political commentator.
She is a weekly co-host for WAR-The Wayne Allyn Root Show out of Las Vegas, NV and has appeared on Headline News CNN, NewsMax TV, One America News Network, The Tipping Point with Liz Wheeler, America Trends with Dr. Gina, The Blaze Radio, and has regular weekly appearances on a variety of nationally syndicated radio shows.”
The sole panelist at the National Arbitration Forum found “bad faith” in the registration of the domain, ReaganBaby.com, and ordered its transfer to the Complainant, per the following:
“Complainant contends that Respondent registered and is using <reaganbaby.com> in bad faith. To remind the Panel, the disputed domain name resolves to a political website that sells goods using Complainant’s mark. Complainant illustrates that <reaganbaby.com> attracts Internet users to the site by capitalizing on the fame of the REAGAN and RONALD REAGAN marks for Respondent’s commercial gain. Panels have found that a disputed domain name was registered and used in bad faith pursuant to Policy ¶ 4(b)(iv) through the respondent’s attempt to attract Internet users to its fraudulent website by using the complainant’s famous marks and likeness. H-D Michigan, Inc. v. Petersons Auto., FA 135608 (Forum Jan. 8, 2003). Similarly, the Panel finds that Respondent registered and is using the disputed domain name in bad faith under Policy ¶ 4(b)(iv).”
The Complainant also asserted that the Respondent should have been aware of their violation of the REAGAN mark, as they applied for a trademark for “REAGAN BABY” which was denied at the USPTO, after the Complainant opposed it.
Read the full text of the UDRP decision for the domain ReaganBaby.com.
