Well-known actor Robert Downey Jr. recovered the domain name www.robertdowneyjr.com used to redirect Internet user to clubpink.com, a site with pornographic content.

The decision, Robert Downey Jr. v. Mercedita Kyamko, WIPO D2004-0895 (Dec. 2. 2004), by Panelist John Swinson, based relief on Downey's common law rights in his name, stating:

Famous people using their name in trade and commerce can have a common law trade mark in their public name. See Julia Fiona Roberts v. Russell Boyd, WIPO Case No. D2000-0210; Van Morrison and Exile Productions Limited v. Unofficial Club de Van Morrison, WIPO Case No. D2002-0417 and Nicole Kidman v. John Zuccarini d/b/a Cupcake Party WIPO Case No D2000-1415. The Panel accepts the Complainant’s contention that the Complainant’s longstanding involvement in the motion picture and television industries has resulted in the “Robert Downey Jr.” name becoming unquestionably associated, in the public’s mind, with the Complainant.

The decision also find that trading on another's name for a commercial purpose cannot constitute bona fide use.

The use of somebody else’s well-known name or trade mark as a domain name does not constitute a “bona fide” offering of goods or services where the website owner has no registered or common law rights to the mark, and the only reason to use the trade mark as a domain name is to attract customers who were not looking for an adult sex site, but were instead looking for information pertaining to the Complainant. See Motorola Inc. v. NewGate Internet Inc. WIPO Case No. D2000-0079.

As stated in Madonna Ciccone, p/k/a Madonna v. Dan Parisi and "Madonna.com", WIPO Case No. D2000-0847, “use which intentionally trades on the fame of another cannot constitute a ‘bona fide’ offering of goods or service…. To conclude otherwise would mean that a Respondent could rely on intentional infringement to demonstrate a legitimate interest, an interpretation which is obviously contrary to the intent of the Policy”.