Geneva
27 July 2017
Reporter: Barney Dixon

Cybersquatter loses Redtube domain


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.

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