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

Florida AG Asks for Halt of AV Lawsuit Pending SCOTUS Decision

Florida Attorney General Ashley Moody has filed a motion asking a federal court to halt the Free Speech Coalition (FSC) lawsuit challenging HB 3, the state's age verification law, pending the Supreme Court's ruling in the Free Speech Coalition-led challenge to Texas’ age verification law, HB 1181.

VRPorn.com Launches 'Virtual Reality Porn' Meme Coin

VRPorn.com has launched a new cryptocurrency meme coin on its platform.

Angie Rowntree's Sssh.com Celebrates 25 Years of Pioneering Erotica

Over 25 years ago at an adult internet trade show called IA2000, a producer warned filmmaker Angie Rowntree that there was no market for “porn for women.”

Streamate Spotlights Savannah Sly as December 'Elevate' Community Partner

Streamate has selected New Moon Network founder and co-director Savannah Sly as its Elevate Community Partner for December.

LaBellaDX Launches New Site Through YourPaysitePartner

Content creator LaBellaDX has launched her new official website through YourPaysitePartner (YPP).

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

SWR Data Publishes 2024 'Top Creator Platforms' Report

Adult industry market research firm SWR Data has published a report on the Top Creator Platforms of 2024.

MintStars Joins Pineapple Support as Supporter-Level Sponsor

Content platform MintStars has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

Show More