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 © 2026 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

Blake Blossom, Derek Kage Cap AEBN's Top Stars for 4th Quarter of 2025

AEBN has revealed its most popular performers in straight and gay theaters for the fourth quarter of 2025.

Adult Time Renews Silver Sponsorship for Pineapple Support

Adult Time has renewed its sponsorship of Pineapple Support at the Silver level.

Pornhub to Block UK Users Without Accounts Starting Feb. 2

Pornhub parent company Aylo will block access to its free video-sharing platforms in the United Kingdom starting Feb. 2 unless users have already set up accounts prior to that date, the company announced Tuesday.

Aylo Wins Another Major Piracy Lawsuit

For the second time in recent weeks, Pornhub parent company Aylo has prevailed in a copyright infringement case against sites pirating its content.

FSC Supports OpenAge Initiative and Adoption of AgeKeys for User-Centric Age Assurance

The Free Speech Coalition (FSC) announced today that it will support the OpenAge Initiative and its AgeKey cryptographic age assurance solution.

SWR Data Publishes 2026 'Hot List' Report

Adult industry market research outfit SWR Data has published its 2026 Hot List report on the top creator platforms of 2025.

Adult Chat Platform Arousr Sets Human-Only Host Policy

Adult chat platform Arousr has announced a policy to only use verified human hosts, not chatbots.

Arizona State Legislator Proposes Porn Ban

A member of Arizona’s House of Representatives on Wednesday introduced a bill that would make it illegal to produce or distribute adult content in that state.

SinfulX AI to Roll Out New Video Generator

AI companion platform SinfulX AI is launching an upgraded video generator in February.

SCOTUS Won't Hear Appeal in NYC Adult Businesses Zoning Case

The U.S. Supreme Court has declined to hear an appeal by a group of adult businesses of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Show More