Domain Name Owner Must Give Up Site, WIPO Rules

GENEVA — In a case of particular interest to domain name owners, the World Intellectual Property Organization ruled last month that the registrant of WalMartFacts.biz must hand over his site to the retail giant.

Taking its case to WIPO, which arbitrates Internet intellectual property cases, Wal-Mart succeeded against Jeff Milchen, who has been "long critical" of the company.

A WIPO panelist decided in the case that Milchen’s domain name is “confusingly similar to [Wal-Mart’s] registered trademark and that an intent to post critical commentary on a website does not translate into fair use of the domain name.”

WIPO, which ultimately ruled that Milchen registered and used the domain in bad faith, said that the "prospect of posting critical commentary at some future time" is needed to refute the trademark owner's claim that the registrant lacks "rights or legitimate interests" in the domain name.

Contesting it has trademark registrations in 46 companies and that it already owns WalMartFacts.com, the retailer could not establish bad faith under any of the four non-exclusive factors of the Uniform Domain Name Dispute Resolution Policy. But WIPO found bad faith in other circumstances.

WalMartFacts.biz lacked original content, and Milchen merely copied material from Wal-Mart's site but added nothing of his own, the court determined.

The court also found that Milchen had actual and constructive knowledge of the Wal-Mart’s trademark before he registered the domain and that he bore ill will toward the retailer, as demonstrated by his history of criticism of the company.

Milchen also incorporated the entire trademark in the domain name, the court said.

“We believe the WIPO judge decided wrongly,” Milche told XBiz. “One reason is that Walmart's claim and the WIPO ruling was based largely on the fact that the site did not yet have content as of the ruling.

“Walmart initiated the domain grab just three weeks after registration. I was preparing material to post, but could not afford to spend the money to launch the site — I was contracting a web designer — knowing that it could be taken away.”

After the ruling, Milchen said that he may appeal the case if “a sponsor is willing to fund it.”

“I'll soon decided whether to try a different domain or simply add the content to ReclaimDemocracy.org/walmart, already perhaps the most comprehensive information source on the corporation,”Milchen said. “Directing ReclaimDemocracy.org, a national nonprofit organization dedicated to restoring citizen authority over corporations, is my "day job." The case is Wal-Mart Stores Inc. vs. Milchen, No. D2005-0130.

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

Roxie Rae Relaunches Site Through XSiteAbility

Roxie Rae has relaunched her site through XSiteAbility.

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

NYC Adult Stores Lose Challenge to Zoning Law, May Face Relocation

The U.S. Court of Appeals for the 2nd Circuit on Tuesday upheld a lower court’s decision to allow enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

FSC Drops Florida AV Lawsuit in Wake of SCOTUS Decision

A U.S. district court judge granted on Tuesday a motion by Free Speech Coalition to dismiss the trade association’s lawsuit over Florida’s age verification law, a case that had been on hold pending the Supreme Court’s recent ruling on the constitutionality of state AV laws.

Ukrainian President Responds to Porn Legalization Petition

President Volodymyr Zelensky responded Tuesday to an OnlyFans model’s petition to decriminalize pornography in Ukraine, stating that he would wait for the legislative process to play out “in accordance with established procedure.”

Only Tax Deductions Joins Pineapple Support as Sponsor

Adult industry accounting firm Only Tax Deductions has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Adult Empire Launches 'Conversations' Podcast Series

Adult Empire has launched a new official podcast series hosted by Nicole Chappelle and Charlie.

Sex Work CEO Launches 'Teams Plan' for AI Assistant

Sex Work CEO has introduced the new Teams Plan for its AI-powered, NSFW text generator, GPTease.

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult Industry, Override Possible

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Show More