U.K. Insurer Loses .XXX UDRP Arbitration Case

PRAGUE — There have been more than 20 UDRP cases filed against .XXX website operators since the top-level domain's launch, and for the first time a complainant has lost its cybersquatting case in mediation.

On Tuesday, a Czech arbitration court rejected U.K. insurance company BGL Group Ltd.'s dispute over CompareTheMarket.xxx, which is inactive.

BGL Group argued in its UDRP case that the .XXX  site at issue infringes on its online properties — CompareTheMarket.com and CompareTheMarket.co.uk., as well as CompareTheMeerkat.com, a marketing site that introduces an "anthropomorphized" cartoon meerkat character.

The insurance company, which said that the sites have been online and functioning for as many as seven years, said that the .XXX domain name was registered in bad faith because the U.K. registrant, Jon Watkins, seeks only to take unfair advantage of its brand.

"No legitimate interest is being pursued through the domain," the insurance company wrote in its Uniform Domain-Name Dispute-Resolution Policy, or UDRP, petition."The sole motivation is to benefit from BGL's established brand."

But arbitrator Mike Rodenbaugh rejected BGL's complaint, ruling that CompareTheMarket.xxx's operator didn't register the domain in bad faith.

"Complainant states that the domain is 'completely inactive,' he ruled. "Complainant does not show that respondent tried to sell the domain to complainant, has registered other infringing names, or otherwise has tried to profit from the domain or cause any other harm to complainant.

"Respondent is not shown to have had prior UDRP cases in which he has been an unsuccessful defendant. Clearly, 'compare the market' could relate to myriad different types of markets and myriad different comparisons within each one, as demonstrated by a simple web search.

"Trademark rights are defined in scope, and do not give rise to transfer of generic or descriptive domains via the UDRP unless bad faith use of the domain is proved. Inactive non-use is clearly an insufficient indicator of bad faith; there must be something more."  

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

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to stream content from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

Show More