WIPO’s appointed sole panelist, James A. Barker, came to the decision on Sept. 3.
While not identical, Barker found that disputed domain names were confusingly similar. In addition, the respondent provided no evidence proving the argument that SexyWebcam is “made up of conjoined common English words that are descriptive or suggestive.”
The panel also rejected the respondent’s claim to “first come, first serve” rights over the domains because the Uniform Domain Name Dispute Resolution Policy offers no grounds for that.
Barker decided that the disputed domains were registered and used in bad faith for several reasons. Firstly, because of AZ Interactive’s longevity as an established business and because both parties offer adult content online regardless of the respondent’s intent to expand its scope of business.
In addition, Barker referred to the previous registrant’s contact information as “unclear and cryptic” and that the Madrid, Spain address listed suggests a connection with Spain and therefore a direct awareness of the Spanish market.
AZ Interactive also has registered the sites SexyWebcam.com, SexyWebcam.net, SexyWebcam.org, SexyWebcam.us and SexyWebcam.es. The company owns trademarks, registered in Spain, for SexyWebcam.com since July 2005. The websites offer adult content targeted at the Spanish market.
According to the WIPO ruling, SexyWebcam.mobi was registered in October 2006 and SexyWebcam.tv in June 2006, however both sites were parked.
The disputed domains were registered in Florida, with a previous registrant of SexyWebcam.mobi listed as Juan Luis Abian with a contact address in Madrid.
