Keith Urban vs. Keith Urban

This piece, entitled "Al Bundy for President" is by the artist Keith Urban from New Jersey
This is Keith Urban the singer (also known as Mr. Nicole Kidman)

So this is a bit amusing, but there is a trademark cybersquatting dispute brewing between Keith Urban, the Aussie country singer, and Keith Urban, the New Jersey painter. Apparently, Urban the painter beat Urban the singer to the punch in registering www.keithurban.com.

Here is a quick review of what Urban the singer will need to prove in order for Urban the painter to be found to be cybersquatting. The Anti-cybersquatting Consumer Protection Act (ACPA) was enacted in 1999. Cybersquatting was becoming an increasingly common problem in the early days of the Internet, as random people were snatching up .com domain names of gigantic trademark owners, and holding them for ransom.
Under the act, Urban the singer needs to prove-
1. that Urban has a bad faith intent to profit from the registered trademark and
2) that Urban the painter registers, traffics in, or uses a domain name that is identical, confusingly similar, or, in cases of famous marks, dilutive of a mark that is distinctive or famous at the time the domain name was registered.

Interesting enough, one of the factors considered when determining whether there has been "bad faith intent" is if the domain name consists of the legal name of the registrant. That is one point in Urban the painter's favor.


However, this is not a clear case by any means. Other blogs have focused on the fact that the site says "You have reached the site of Keith Urban. To those who don't know, oil painting is one of my hobbies." This potentially implies that the singer is a Renaissance man of many talents.

What people haven't commented on and I find interesting (despite being unsure of its evidentiary value) is that Urban the painter enlisted Google Adwords to do advertising on the site. Being the intelligent program that it is, the end result is that the advertising displayed prominently front and center on keithurban.com consists of three ads for "Keith Urban Tickets" and one for "Keith Urban Concert Tour."

Will post later with a suggestion for Keith Urban The Singer's legal team. Over and out.