Arbitrators Decide 'Pornosquatting' Operator Must Give Up Site

GENEVA — Calling it a case of "pornosquatting," arbitrators for the World Intellectual Property Organization have ruled that the operator of CafeInternet.com must hand over its domain name to the owner of a Washington business.

The plaintiff in the case, David Green, contended that while the operators of CafeInternet.com have owned the site since November 1997, they shouldn't be allowed to use it for their adult businesses because he owns a trademark for the words "cafe Internet." Green owns franchise company Cafe Internet of Port Townsend, Wash.

While the actual identity of the operator behind the domain name wasn't revealed before, during or even after the arbitrators' ruling, CafeInternet.com's content redirects to the home page of AdultFriendFinder.com. In years' past, it also has been home to Amigos.com and GermanAdultFriendFinder.com — all owned by Boca Raton, Fla.-based FriendFinder, which did not participate before arbitrators.

FriendFinder officials did not immediately respond to XBIZ for comment.

Green, through his attorneys, claimed that the CafeInternet's operator used the website as “bait” for Internet users seeking "Cafe Internet.”

He also contended that the domain name was registered and is being used in bad faith after operators provided phony or insufficient contact information with its Internet service provider.

Arbitrators, ruling 2-1, ordered that the domain name be transferred to Green.

"For the majority of this panel, the provision of false contact details and the operation of an adult-oriented website in connection with a domain name registered (as the record before this panel suggests) after complainant’s first use of the mark in commerce tips the finely balanced scale under this element in complainant’s favor," WIPO arbitrators ruled.

"The panel considers the present case as an example of 'pornosquatting,' where linking the domain name at issue to adult-oriented websites is a widely accepted evidence of use in bad faith."

Arbitrator Robert Badgley, who wrote the lone dissenting opinion in the case, said that he wasn't convinced Green should be entitled to the domain name.

"The term 'Internet cafe' is in such common generic usage that the inversion of the term, 'cafe Internet,' can hardly be viewed as deeply original," he wrote. "I am also troubled by the fact that it took complainant 13 years to bring a complaint under the policy while someone was out there using the .com verbatim version of its mark.

"Fortunately, I need not enter the thicket of laches to reach my conclusion, but I mark it as another issue that could have contributed to the defeat of this complaint."

The case is David Green vs. CafeInternet.com Email Services, D2010-0425.

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

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.

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Pornhub to Shut Down Access in Florida Over Age Verification

Aylo will geoblock Pornhub across Florida starting Jan. 1, when HB 3, the state's age verification law, goes into effect.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

Texas Bill Aims to Ban Sex Toys at 'Big-Box' Retailers

Republican State Representative Hillary Hickland has introduced a bill in the Texas legislature that would restrict the sale of pleasure products at "big-box" and other non-adult retailers.

Jacquie et Michel Acquired by 'International Fund'

French adult studio Jacquie et Michel has been acquired by an international fund, marking a significant development for the well-known brand.

Show More