RedTube8.xxx Ordered Transferred to MindGeek

Rhett Pardon

BURBANK, Calif. — The RedTube8.xxx domain name has been ordered transferred to MindGeek after an arbitrator ruled last month that the name is confusingly similar to its adult tube site franchise RedTube.com.

RedTube8.xxx, according to documents filed with the WIPO Arbitration and Mediation Center, was registered in May by Cleiton Pardim of Moscavide, Portugal, who redirected traffic to an undisclosed adult site.

Pardim, in a response to MindGeek's complaint, told the arbitrator that there was "no similarity between 'RedTube8' and 'RedTube'" when it comes to RedTube8.xxx.

But the dispute resolution judge disagreed, finding that Pardim registered the name in bad faith and even offered to sell the domain name to MindGeek for 3,000 euros.

"The panel finds that the disputed domain name is confusingly similar to the Complainant’s RedTube trademark, since the respondent has merely added the number '8' to the trademark, which is certainly not sufficient to exclude the confusingly similarity," the arbitrator ruled.

MindGeek, formally Manwin, has filed scores of UDRP and trademark infringement claims in past years over websites that borrow literal aspects of their brands.

MindGeek acquired all of RedTube properties this past summer for an undisclosed purchase price from Hong Kong-based Bright Imperial Ltd.

There are at least two U.S. trademark registrations for the RedTube mark, and MindGeek operates about 125  "red tube"-like domain names. MindGeek has operated Tube8.com and other adult tube sites for years as part of its PornHub network.

When reached Friday, Pardim told XBIZ that after a month he's still upset with the WIPO decision.

"I'm not happy," he said. "[This site] was legally registered by me. With indexing and research, [everyone] sees RedTube8. I'm sad."

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