LONDON — A National Arbitration Panel has dismissed a UDRP action against the parent company of Clips4Sale.com, which filed a claim against the operator of Clips4All.com seeking a transfer of the domain name.
Wiluna Holdings LLC, which operates downloadable film clip site Clips4Sale.com, told arbitrators that it has used the Clips4Sale trademark since July 2003 and that its business has been siphoned by Clips4All.com, a website that offers high-definition video clips and photosets of erotic and non-erotic action content.
Clips4Sale's parent, in its argument to a three-judge dispute resolution panel, said that Clips4All is "confusingly similar" to its own domain name and that the site is "making a blatant attempt to trade on the goodwill established" by Clips4Sale, which holds a trademark over the adult entertainment brand.
But arbitrators last week dismissed Clips4Sale's argument and ruled that the domain name stay with the respondent, Michael Stadlin of Neuheim, Switzerland-based IMS Internet Management Services GmbH.
"[The disputed domain is not obviously confusingly similar to complainant’s trademarks due to their generic compositions," arbitrators said. "As such, the panel cannot agree with complainant when arguing it is apparent that respondent has targeted complainant’s marks."
Further, the panel said, Clips4Sale had an adequate amount of time to sound out about any confusion over Clips4All because Stadlin registered the name about four years ago.
"It appears to the panel that any business disruption or confusion suffered by complainant as a result of respondent's domain name registration was either non-existent or de minimis, else complainant would have taken action in a more timely fashion."
