Arbitrator Rules in 1st .XXX UDRP Decision

GENEVA — An arbitrator last week ruled in the first .XXX ruling in a uniform domain name dispute resolution (UDRP) case, siding with San Antonio, Texas-based HEB Grocery Co. over an Atlanta resident who registered HEB.xxx.

The Atlanta resident, Eric Gonzales, contended that he had rights to the .XXX domain name and that HEB Grocery Co. should have exhibited "a proactive approach" by blocking its purchase.

Gonzales said that he was doing “extensive research for a TV news report on businesses that have not registered .XXX domains with possible variations close to their names” before he purchased the name through GoDaddy.

After the purchase, Gonzalez said he later was contacted by HEB counsel "demanding" he relinquish control over the disputed domain. But Gonzales said that HEB never "asked."

“Everything would have been avoided if they would have 'asked,'” Gonzales told arbitrators in a response. If HEB would have asked, he “would have gladly 'given'” them the domain, he said.

But an arbitrator wasn't swayed by Gonzales' argument, particularly since he isn't part of the sponsored community as an existing adult entertainment entity and that he made no mention of plans to use the website with his present businesses or any future businesses.

As a result, the arbitrator found "that respondent’s registration and failure to make an active use of the disputed domain name are evidence of bad faith registration and use."

HEB's complaint was filed in December and Gonzales was served in mid January, with Gonzales responding shortly thereafter. The case was decided Feb. 7.

In its decision, the panelist, a member of the National Arbitration Forum, relied on ICANN Policy for transferring and canceling domain names.

Under its policy, complainants must prove three elements to obtain an order that a domain name should be cancelled or transferred:

  • The domain name is identical or confusingly similar to a trademark or service mark; 
  • Respondent has no rights or legitimate interests in respect of the domain name; and,
  • The domain name has been registered and is being used in bad faith.
Related:  

Copyright © 2024 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

Justices Alito, Thomas Invoke Victorian-Era Morality Law, Raising Censorship Concerns

Several national publications reported this week on widespread concern among Free Speech advocates after U.S. Supreme Court Justices Samuel Alito and Clarence Thomas repeatedly invoked during a hearing the infamous segregation-era law the Comstock Act, which was the cornerstone of U.S. censorship of sexual material from the 1870s until the 1970s.

Skinfluential Management's FansFuel Acquires Fanwire

Creator stats and affiliate marketing platform FansFuel has acquired creator account management tool Fanwire.

Nebraska AV Bill Moves Forward Despite Privacy, Free Speech Concerns

Nebraska’s unicameral Legislature has given first-round approval to LB 1092, the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

AEBN Celebrates 25th Anniversary

The Adult Entertainment Broadcast Network (AEBN) is celebrating its 25th year in business this week.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still pursue antitrust claims in the future.

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have petitioned the United States Court of Appeals for the 5th Circuit to stay its recent decision upholding the law, because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

FSC Vows to Fight Florida Age Verification Law

Free Speech Coalition (FSC) has issued a statement vowing to continue fighting Florida’s new age verification law, which was signed by Gov. Ron DeSantis on Monday as part of a comprehensive bill targeting minors’ use of social media.

Kansas Republican Aims to Create New Bureaucracy to 'Investigate' Porn Websites

Republican state legislators succeeded Monday in moving forward Kansas’ version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, despite serious concerns raised by House Democrats about the cost of establishing a new bureaucracy tasked with investigating websites for pornographic content.

SK Intertainment Launches 'Skinfluential Management' Agency, FansFuel Joint Venture

Mr. Skin/Mr. Man parent company SK Intertainment has launched new creator agency Skinfluential Management, as well as a new joint venture with Showbizz Media's creator stats and affiliate marketing platform, FansFuel.

Industry Attorney, Free Speech Champion Clyde DeWitt Passes Away at 75

Noted industry attorney Clyde DeWitt passed away on Friday in Las Vegas at 75, according to friends and colleagues.

Show More