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NewswireToday - /newswire/ -
Phoenix, AZ, United States, 10/29/2008 - World Intellectual Property Organization (WIPO) Arbitration and Mediation Center ruled in favor of Fine Art Registry and against Park West Gallery and its hired PR practitioners in an important case of domain name misappropriation.
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On October 22nd, 2008, the World Intellectual Property Organization issued its Administrative Panel Decision, Fine Art Registry versus Cartoon Heaven (Cartoon Heaven being the cover under which the website was set up and operated).
The Notification of Decision document published by the Swiss-based WIPO states: “For all the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the Domain Name be transferred to the Complainant.”
[The Complainant in the case was Fine Art Registry who filed a formal Complaint with the WIPO Arbitration and Mediation Center when it discovered that its trademark was being used in bad faith as part of a domain name for a website controlled by Park West Gallery designed to slander and disparage Fine Art Registry and promote itself and its associates.]
Fine Art Registry provided WIPO with detailed evidence that the libelous propaganda being disseminated on this website was being generated primarily by Park West and that all of these were linked with Park West Gallery. The Respondents in this case compounded their guilt by never answering the Panel’s communications nor making themselves available for the mediation. WIPO found that the unauthorized use of the trademark along with utilizing false information in registering the domain name was clear evidence of bad faith.
On receiving the WIPO decision, Fine Art Registry victory, Don Lenkszus, of Donald J. Lenkszus, PC, an Intellectual Property attorney with 33 years experience who represented FAR® in the WIPO proceedings said, “It has been my experience that good and trustworthy businesses do not resort to illegal and/or bad faith activities. That is particularly important with respect to businesses where the customers place great reliance on the good faith of a seller. The decision of the World Intellectual Property Organization (WIPO) supports my experience. The decision of the World Intellectual Property Organization (WIPO) is consistent with its prior holdings that organizations such as Park West cannot shield themselves from being called out as acting in bad faith when they misappropriate and misuse the valid trademarks of others.”
And Lawrence C. Atorthy of Kaufman, Payton & Chapa, Michigan based law firm representing Fine Art Registry in its court case against Park West Gallery, had the following to say: "The decision of the World Intellectual Property Organization (WIPO) reinforces what Fine Art Registry has been saying through its website and throughout its litigation with Park West Gallery, Inc. The WIPO has ruled that Park West, apparently acting through its proxies, misappropriated and misused the registered mark of Fine Art Registry and engaged in a deliberate campaign to smear FAR, its most vocal critic. This ruling raises some peculiar questions, such as why Park West would misappropriate Fine Art Registry's mark at the same time it accuses Fine Art Registry of defamation? This ruling is doubtlessly a vindication of Fine Art Registry business practices. At the same time, it is a resounding condemnation of business practices in which the WIPO concluded that Park West engaged. We believe the federal court litigation brought by Park West will conclude similarly."
Fine Art Registry CEO, Theresa Franks was delighted with the WIPO Administrative Panel decision. “This vindicates our position,” she said. “We will continue to investigate and report our findings and try to help those victims of Park West Gallery abuses who come to us for assistance.”
The full findings and decision can be read on the Fine Art Registry website.
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dphillips[.]fineartregistry.com 
