Panelist Scott Donahey awards Wal-Mart the domain name www.samwalton.com in this recent decision:  Wal-Mart Stores, Inc. and Mrs. Helen Walton v. Bestinfo/David Webb, Case No. D2005-0086 (WIPO March 25, 2005).

A key issue in UDRP actions involving personal names is the finding that the name is protectable as a common law mark, the the Policy does not provide protection for personal names per se.

The Panel finds as follows on that point:

. . . Complainant Wal-Mart Stores, Inc. has common law rights in the trademark SAM WALTON by virtue of its prominent and continuous use in conjunction with its SAM’S CHOICE brand of products.