Artist Successfully Reclaims Name Domain Name: JudiWerthein.com - UDRP Ruling Released

A recent dispute involving a personal name domain name has drawn attention from both the domain name and art worlds. Argentine contemporary artist Judi Werthein successfully reclaimed her name-based domain name, JudiWerthein.com, through the Uniform Domain Name Dispute Resolution Policy (UDRP) process.

According to the case details, Judi Werthein registered and used the domain name in 2006 until 2019 when she negligently failed to renew it. The domain was released and subsequently acquired by Indonesian registrant Miciko Saputra. Afterward, the domain was redirected to a gambling website unrelated to the artist or her work.

In her complaint, Werthein argued that the domain name's use of her name constituted a clear infringement and damaged her professional reputation in the art world. After reviewing the case, the arbitration panel confirmed that the complainant had been active on the international art scene under the name "Judi Werthein" since the early 2000s, and that his works had been exhibited at institutions such as Tate Modern in London and the Museum of Contemporary Art, Tokyo, possessing significant public recognition and common law trademark rights.

The panel held that the defendant had no legitimate reason for using the name, and that its use of the domain name for gambling promotion was clearly for profit, constituting malicious registration and use. Of particular note was the award's statement that the defendant was clearly aware of the artist's fame, yet still chose to register the domain name and use it for inappropriate content, further strengthening the finding of malicious intent.

Ultimately, the arbitration panel ruled that JudiWerthein.com should be transferred to the complainant, Judi Werthein.