xTumblr's Operator Ordered to Give Up Domain Name

Rhett Pardon

SLIEDRECHT, The Netherlands — The operator of xTumblr.com has been ordered to give up the domain name, according to a UDRP decision made last week.

xTumblr.com, an arbitrator ruled, had been riding on the coattails of the Yahoo-owned microblogging platform and social networking website Tumblr.com, allowing users to post content — still and multimedia — to a short-form blog.

The only difference, Yahoo said in its claim, is that xTumblr uses "x" preceding to its internationally recognized and trademarked domain name and that it hosts primarily adult entertainment-related content.

Yahoo told the arbitrator that the domain should be handed over   because xTumblr's unnamed operator registered it with bad faith because the name is confusingly similar, it was signed up in bad faith and that the operator has no rights or legitimate interests in respect of the domain name.

The defendant in the cybersquatting case, hosting company WebaWere Internet Solutions BV of the Netherlands, did not respond to Yahoo's claims in the UDRP claim.

"Respondent registered the xTumbler.com domain name in bad faith ... because respondent had actual knowledge [of] complainant’s rights in the Tumblr mark," Judge Charles K. McCotter Jr., the arbitrator, wrote.