MIAMI — Alice White, the live cam model who operates XOXOAliceWhite.com, was ordered on Friday to hand over her namesake domain name to a multinational producer and marketer of numerous alcoholic brands.
Constellation Brands, one of the world’s largest producers and marketers of beer, wine, spirits with operations in the U.S., Canada, Mexico, New Zealand and Italy, had asked Forum arbitrators to order a transfer of the domain XOXOAliceWhite.com because the company markets and has a trademark for a wine it sells, Alice White.
Alice White, an Australian wine, is just one of one of numerous other alcohol brands Constellation has in its portfolio, which includes Corona Extra, Negra Modelo, SVEDKA Vodka and Black Velvet Canadian Whisky.
An arbitrator, in his ruling Friday for the alcohol beverage distributor, said Constellation served notice on White over the cybersquatting complaint, but that the adult live cam model never responded to it.
The arbitrator also noted there was no evidence to indicate that Alice White, or XOXOAliceWhite, were in possession of licensing rights.
“Where such a void exists, respondent cannot have rights or legitimate interests,” the arbitrator said.
Without argument from the respondent, Alice White, the arbitrator ruled on the three key issues of the alcohol beverage distributor's arguments — that the domain name is confusingly similar to the Alice White trademark, that Alice White does not have any rights or legitimate interests in the XOXOAliceWhite.com domain name and that White registered or used the domain name in bad faith.
“Having established all three elements required under the ICANN Policy, the panel concludes that relief shall be granted,” the arbitrator wrote. “Accordingly, it is ordered that the XOXOAliceWhite.com domain name be transferred from respondent to complaint."
Industry attorney Marc Randazza of Randazza Legal Group, who did not represent White, told XBIZ he was disappointed that she didn't contest the UDRP case.
"A domain name arbitrator is supposed to do some independent thinking, not just take the complaint at face value. This arbitrator decided not to," he said. "However, it is not all that unusual for arbitrators to take a leave of their duties in order to rule in favor of somebody that they expect to see again, to the detriment of someone they don't expect to see again.
"It is unfortunate that the web cam model did not put up any fight in this case. I think it could've been relatively easy to win the case had she done so."
Randazza said that if her stage name is "Alice White," and she has been using that name, she has a right to keep this domain name.
"Trademark rights to not give you a complete right to foreclose all parties from using the same words to describe their goods and services," he said. "That is why we can tolerate Delta faucets and Delta Airlines at the same time. There's no reason why she shouldn't have been able to keep this domain name if you put up even the slightest resistance.
"At this point, she still hasn't lost it all. The UDRP allows for a de novo review of the decision, if she filed an action in federal court within 10 days of the decision being entered. If she does so, I think she has a very good chance of winning. But if she didn't put up a fight at the arbitration stage, I don't imagine she's going to put up a fight in federal court now."
XBIZ was unable to reach Alice White by post time for comment.
