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

Aylo Challenges EU's DSA Mandate to Reveal Legal Names of Advertisers, Including Performers

Aylo has filed an appeal with the Court of Justice of the European Union (CJEU) challenging the EU's Digital Services Act mandate to disclose the legal names of advertisers, including performers, in a publicly accessible database.

Irish Senate Endorses Age Verification Proposal Based on Anti-Porn US State Laws

The Senate of the Republic of Ireland — known by its Gaelic name Seanad Éireann — has endorsed an age verification bill introduced by a senator who said he was inspired by the U.S. state laws promoted by religious conservative anti-porn crusaders.

Meta Admits to Updating Database of Banned Images Based on 'Media Reports'

Meta has told its Oversight Board that the company relies on “media reports” when deciding to add images to its permanent database of banned content for its platforms, including Instagram and Facebook.

MintStars Launches Tipping Solution MintPay

MintStars has unveiled payment processing solution MintPay, aiming to make tipping creators easier for fans.

Popular Pakistani Actor and Director Yasir Hussain Proposes Legalizing Porn

Prominent Pakistani actor, director and TV personality Yasir Hussain has sparked debate in the majority-Muslim country by suggesting that pornography should be legalized there and that society should own up to so many Pakistanis already being habitual consumers.

AEBN Publishes Popular Searches for May and June

AEBN has released the top search terms for the months of May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Senior Labour MP Launches Attack on All Porn, Sex Work

A senior Labour MP on Tuesday launched an attack against adult websites, saying they are “characterized by lawlessness,” and called for further criminalization of all sex work.

Conservative Taxpayers Group Criticizes KOSA's Overreach

Conservative newspaper The Washington Times on Tuesday published an opinion piece by the executive director of the Taxpayers Protection Alliance, criticizing the Kids Online Safety Act (KOSA) on constitutional grounds.

Los Angeles-Area Man Pleads Guilty to Wire Fraud Over Bogus Adult Sites

A Los Angeles-area man pleaded guilty on Monday to defrauding investors out of more than $1 million “by making false promises that they would receive an ownership interest in several adult entertainment webcam websites and then using their money on personal expenses, including luxury items,” according to the Department of Justice.

More Conservative Organizations Distance Themselves From Anti-Porn Project 2025

A growing list of conservative groups that previously endorsed Project 2025 — which calls for the criminalization of adult content production and distribution — have reportedly distanced themselves from the self-described “presidential transition” blueprint, following Donald Trump’s repeated claims that he disagrees with an unspecified number of its positions.

Show More