Cybersquatter Loses RedTube Domain

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The operator of adult website Redtube has reclaimed an infringing domain name in a World Intellectual Property Organisation (WIPO) Arbitration and Mediation Center UDRP dispute.

Mindgeek, which also operates the Pornhub and Youporn brands, accused the owner of redtubexxx.xxx of trademark infringement and running a copycat service, and alleged that the domain was filed in bad faith, purely hijack the Redtube trademark.

Sole panellist Mario Soerensen Garcia agreed with Mindgeek, finding that the descriptive term .xxx “does not avoid confusing similarity between the domain name and [Mindgeek’s] trademark”.

“The suffix .xxx not only is descriptive but also indicates the adult nature of the website, which makes even more association with [Mindgeek’s] mark.”

Garcia said the nature of the .xxx suffix also shows that the registrant knew of Mindgeek’s trademark when it created the domain, which was therefore filed in bad faith to attract users through confusion.

(This post originally appeared on ipprotheinternet)

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Professor

The opinions expressed here represent my own and not those of my employer. In addition, my thoughts and opinions change from time to time I consider this a necessary consequence of having an open mind.

My posts on Domain Magazine are intended to provide a semi-permanent point in time snapshot and manifestation of the various memes running around my brain, and as such any thoughts and opinions expressed within out-of-date posts may not the same, nor even similar, to those I may hold today.