Domain Names of the World

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.

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.

Plaintiffs are a musical group known as the "Wailers" who have been performing as such since 1959. They sought to register the name "Wailers" with the United States Patent and Trademark Office ("USPTO") in 1999. Defendants are also a musical group known as the "Wailers" (Yes, Bob Marley's Wailers). The Defendant Wailers initially opposed that registration, but that opposition was dismissed by the USPTO. The Plaintiffs obtained registration of the Wailers mark in 2003.

Defendants began as a Jamaican reggae group formed by Bob Marley, Peter Tosh, and others in 1964. In 1974, the group became "Bob Marley and the Wailers" and, after Mr. Marley died in 1981, the band performed as "the Bob Marley Wailers," and subsequently the "Wailers." Defendants moved for summary dismissal of each claim, arguing that Plaintiffs' claims were barred by laches, given the length of time they waited to bring this suit, after knowing of the Defendant Wailers use of that name. Defendants point to Defendant Barrett's Registration of the domain name "wailers.com" in 1998, as evidence the Plaintiffs knew of, and did not act upon, the alleged infringement for many years prior to their suit.

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