X-art.com Can't Take Over FreeX-art.com, Arbitrator Rules

TRAVERSE CITY, Mich. — An arbitrator last week denied a request by the operator of X-art.com to take over the domain name FreeX-art.com in a cybersquatting case filed at the National Arbitration Forum.

X-art.com, which offers softcore fare, is known as one of the most prolific litigants in the online adult space with its filing of more than 3,200 porn piracy cases through its parent company Malibu Media.

The company filed the cybersquatting case against FreeX-art's operator, Popescu Ion of Romania, who offered "copies of complainant’s X-art material to Internet users free of charge," according to the complaint.

Ion, who registered the site in April 2011, did not respond to the UDRP action.

FreeX-art.com hasn't resolved for months; however the site, according to archive records, was home to similar adult entertainment fare from 2011 through most of 2014.

In the dispute, X-art.com alleged that FreeX-art.com's operator registered the domain in bad faith, doesn't have any legitimate interests in the domain name and that the domain is confusingly similar to its X-art trademark.

But what seemed to be an open-and-shut case for X-art unraveled before the company at the National Arbitration Forum.

The arbitrator ruled that X-art, despite having a registered trademark for adult brands in the U.S., couldn't prove the extent of its use of its trademark prior to 2011 when it filed papers for it.

X-art's operator registered the site in 2007 and began operating it in 2009, according to the complaint.

"The panel concludes that complainant has not established rights in the X-art mark at the relevant time, namely April 2011, and therefore has not satisfied policy," the arbitrator ruled.

"Complainant states that it 'has spent substantial time, effort, and money advertising and promoting the trademarks'  but neglects to specify how much time, effort and money was spent and during what period of time," the arbitrator said. "Therefore, it is impossible to determine if respondent knew of complainant’s mark at the time of registration of the disputed domain name." 

The arbitrator noted that since X-art failed to establish the first of the three required elements under the UDRP, it declined to analyze the other two elements of the policy relative to respondent’s rights or legitimate interests or its registration and use in bad faith.

"It is ordered that the FreeX-art.com domain name remain with respondent," the arbitrator said.

X-art.com was represented by attorney M. Keith Lipscomb, who has worked on scores of piracy cases for the company.

Adult industry attorney, Marc Randazza, who leads the Randazza Legal Group of Las Vegas, upon comment, told XBIZ that the case should have been a slam dunk for X-art. Randazza was not a party to the action.

"Wow... I won't say that I never lost an undefended one, but this should have been a no-brainer," Randazza said.  

"Here's the problem: A lot of lawyers think that these are easy," Randazza said. "They can be, but you gotta know how the process works, and it really helps to have civil law training as well as common law — since you never know if you're going to get a civil arbitrator or a common law one. 

"If you don't essentially write your complaint to address both systems, that's how you can lose an easy one like this," Randazza said.

"Another mistake X-Art made? They used the National Arbitration Forum. The procedures at NAF are terrible, and they delegate way too much authority to flunkies before the decision-making gets to the arbitrator. I would definitely use WIPO over NAF."  

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Canadian Senator Revives Push for National AV Law

Sen. Julie Miville-Dechêne, whose previous multiple attempts to legislate national age verification requirements all failed, has introduced a new bill that would impose fines of up to $500,000 on adult sites that do not implement age verification for Canadian viewers.

FSC Submits Statement to House Committee in Support of FIRM Act

Free Speech Coalition has announced that it submitted a statement to the House Financial Services Committee in support of the Financial Integrity and Regulation Management (FIRM) Act.The announcement follows:

Plaiir Joins Pineapple Support as Supporter-Level Sponsor

Plaiir has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Trump Tariffs Remain in Effect Pending Appeal of Trade Court Ruling

The U.S. Court of Appeals for the Federal Circuit on Thursday stayed an injunction by the U.S. Court of International Trade, delaying the trade court’s order blocking the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry.

FSC Issues Guidance on Kansas Age Verification Suits

The Free Speech Coalition (FSC) has published an advisory article for adult websites operating in Kansas, following several private lawsuits filed under the state's age verification law.

Reese Rideout Relaunches Site Through YourPaysitePartner

Newly crowned XMA Creator Awards Male Clip Artist of the Year Reese Rideout has relaunched his website DrRideout.com through YourPaysitePartner (YPP).

Pineapple Support, SextPanther to Host 'Holistic PTSD' Support Group

Pineapple Support and SextPanther are hosting a free online support group for performers suffering from PTSD.

Fanblast Taps Nicholas H. for VP of Sales

Nicholas H. has joined Fanblast as its new vice president of sales.

Aylo, Old Pros Launch 'Sex Work and Human Trafficking' Online Panel Series

Aylo has teamed up with sex worker support organization Old Pros to launch “Sex Work and Human Trafficking,” an online community panel series aimed at educating performers and creators on preventing trafficking and exploitation, which takes place at 6 p.m. (EDT) on Thursday, May 29.

EU Investigating 4 Adult Sites for 'Suspected Breaches' of DSA

The European Commission has initiated formal proceedings against Pornhub, Stripchat, XNXX and XVideos for “suspected breaches” of the Digital Services Act (DSA), the Commission announced in a statement Monday.

Show More