Home > News > U.K. Insurer Loses .XXX UDRP Arbitration Case • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

U.K. Insurer Loses .XXX UDRP Arbitration Case

U.K. Insurer Loses .XXX UDRP Arbitration Case
Get XBIZ News
May 16, 2012 12:15 PM PDT    Text size: 

PRAGUE — There have been more than 20 UDRP cases filed against .XXX website operators since the top-level domain's launch, and for the first time a complainant has lost its cybersquatting case in mediation.

On Tuesday, a Czech arbitration court rejected U.K. insurance company BGL Group Ltd.'s dispute over CompareTheMarket.xxx, which is inactive.

BGL Group argued in its UDRP case that the .XXX  site at issue infringes on its online properties — CompareTheMarket.com and CompareTheMarket.co.uk., as well as CompareTheMeerkat.com, a marketing site that introduces an "anthropomorphized" cartoon meerkat character.

The insurance company, which said that the sites have been online and functioning for as many as seven years, said that the .XXX domain name was registered in bad faith because the U.K. registrant, Jon Watkins, seeks only to take unfair advantage of its brand.

"No legitimate interest is being pursued through the domain," the insurance company wrote in its Uniform Domain-Name Dispute-Resolution Policy, or UDRP, petition."The sole motivation is to benefit from BGL's established brand."

But arbitrator Mike Rodenbaugh rejected BGL's complaint, ruling that CompareTheMarket.xxx's operator didn't register the domain in bad faith.

"Complainant states that the domain is 'completely inactive,' he ruled. "Complainant does not show that respondent tried to sell the domain to complainant, has registered other infringing names, or otherwise has tried to profit from the domain or cause any other harm to complainant.

"Respondent is not shown to have had prior UDRP cases in which he has been an unsuccessful defendant. Clearly, 'compare the market' could relate to myriad different types of markets and myriad different comparisons within each one, as demonstrated by a simple web search.

"Trademark rights are defined in scope, and do not give rise to transfer of generic or descriptive domains via the UDRP unless bad faith use of the domain is proved. Inactive non-use is clearly an insufficient indicator of bad faith; there must be something more."  

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

BUSINESS ANALYSIS

Uncovering the Newest Trends in Alternative Billing

For adult merchants, especially adult website operators, the notion of “alternative billing” hasn’t really evolved from its Ameri-centric “anything but MasterCard or Visa”... More »

Sexual Enhancement Market Sees Growth From Couples-Friendly Approach

From cock rings and penis pumps to creams, gels and sprays, male sexual enhancement products have long been a fixture in the pleasure products/sex toys sector. But the marketing of those products has evolved... More »

Lubes, Lotions and Potions: Manufacturers Talk Gateway Products

Sensual body care products have strong consumer interest and plenty of appeal for customers of all types. With lubes, massage oils, creams, lotions, and sprays all bringing in significant sales, manufacturers... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.

UPCOMING EVENTS

XBIZ.net Paysite Meetup

May 04 - May 04
Prague, Czech Republic

Eurowebtainment 2017

May 17 - May 20
Majorca, Spain

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!