Home / Blogs

Bob Marley’s “WAILERS” Win Cybersquatting Lawsuit

Bob Marley’s Wailers, who eventually became known simply as the “Wailers” after Bob Marley’s death, successfully argued for dismissal of this cybersquatting and trademark infringement lawsuit brought by band members of another Wailers musical group who started using the band name 10 years before Bob Marley named his group in 1969. Bob’s Wailers registered wailers.com in 1998 The only evidence which could potentially have saved Plaintiff’s claims against Bob’s protégées would have been that the band used the mark the “Wailers” and registered wailers.com in bad faith. No evidence of bad faith was introduced by plaintiffs.

Ormsby v. Barrett, 2008 U.S. Dist. LEXIS 20 (UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON) teaches that a failure to assert trademark infringement claims in the face of know trademark infringement can result in a loss of trademark rights under the doctrine of laches.

More about this cybersquatting case can be found here.

By Enrico Schaefer, Attorney & Advisor: Protecting International Business Interests

Filed Under


Richard Golodner  –  Jan 4, 2008 4:38 PM

Congratulations to the Wailers, Bob, Peter, who will never know as they are both dead, but the remaining members, who had nothing walk away with this victory. Great music and a great band with a tragic ending. This is a nice victory for those that remain.

It also demonstrates that making sure you use trademarks and have them registered legally is a good idea to practice.

Enrico Schaefer  –  Jan 5, 2008 3:21 PM

Many companies devote resources to obtain trademark registration, but fail to protect their marks thereafter. The same is true of domain name registration. Companies need to learn that they must monitor third party uses of their mark and send a trademark notice letter where appropriate. They need to monitor domain registrations which might infringe their marks. Companies that aren’t monitoring third party registrations and domain name registrations aren’t protecting their marks. Even unintentional infringement can cause you to lose your trademark rights.

Bob would no doubt tell the Plaintiff Wailers, “No Domain Name, No Cry!”

Comment Title:

  Notify me of follow-up comments

We encourage you to post comments and engage in discussions that advance this post through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can report it using the link at the end of each comment. Views expressed in the comments do not represent those of CircleID. For more information on our comment policy, see Codes of Conduct.

CircleID Newsletter The Weekly Wrap

More and more professionals are choosing to publish critical posts on CircleID from all corners of the Internet industry. If you find it hard to keep up daily, consider subscribing to our weekly digest. We will provide you a convenient summary report once a week sent directly to your inbox. It's a quick and easy read.

I make a point of reading CircleID. There is no getting around the utility of knowing what thoughtful people are thinking and saying about our industry.

Co-designer of the TCP/IP Protocols & the Architecture of the Internet



Threat Intelligence

Sponsored byWhoisXML API


Sponsored byVerisign


Sponsored byDNIB.com

Domain Names

Sponsored byVerisign

IPv4 Markets

Sponsored byIPv4.Global

Brand Protection

Sponsored byCSC

New TLDs

Sponsored byRadix