Silvia Saint Wins Back Domain Name

GENEVA — Adult performer Silvie Tomcalova aka Silvia Saint has won the rights to domain name SilviaSaint.com from a cyber squatter, XBIZ has learned.

The WIPO Arbitration and Mediation Center ruled that the site was registered in bad faith — after Saint had become a famous porn star — to unfairly capitalize on her name.

The complaint was filed on March 26, with WIPO, which offers alternative dispute resolution for domain name disputes.

While Tomcalova’s stage name is not officially trademarked, she contended that the disputed domain name is identical to the stage name in which she asserts common law trademark rights.

Tomcalova alleged that the “Respondent’s [Global Access] only intention is to misleadingly divert consumers and that the disputed domain is not being used in connection with a bona fide offering of goods or services.

Fabulous.com, the registrar under which SilviaSaint.com was registered, states in its Terms of Service that it’s illegal to register a domain name that infringes on the legal rights of third parties.

While Global Access did not comment on the issue of whether the disputed domain name is confusingly similar with Tomcalova’s trademark, it disputed that she had failed to establish common law trademark rights to her stage name at the time the domain name was registered.

WIPO’s decision for Tomcalova proved that she had, in fact, commercially exploited the name and provided sufficient evidence that shows that she has received a certain degree of recognition in the eyes of the public.

To prove her common law trademark, Tomcalova submitted a list of film titles she appeared in, magazine publications, and awards received before 1999, when the site was registered. Tomcalova has used the stage name Silvia Saint since 1997.

WIPO concluded his “visit on the website revealed that, indeed, respondent uses the disputed domain name for a website offering for sale adult entertainment DVDs and thus capitalizes on the complainant’s mark in her stage name ‘Silvia Saint.’ Respondent makes it clear his purpose is to divert traffic intended for complainant’s site to his own, and thus capitalizing on complainants mark.”

Therefore, he ruled the site must be transferred to its rightful owner, Tomcalova.

SilviaSaint.com is part of the FameDollars affiliate program, which also includes PeterNorth.com, DevilsFilm.com and Silverstone.com

The case was Silvie Tomcalova a.k.a. Sylvia Saint vs. Global Access, No. D2006-0399.

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.

Violet Myers, Jasmine Sherni Star in Latest From Brazzers

Violet Myers and Jasmine Sherni star with Dyawne Foxxx in the latest release from Brazzers, titled "Trapped and Tapped."

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

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

UK Performer Rebecca Jane Smyth Passes Away at 51

Veteran British performer Rebecca Jane Smyth has passed away, according to her longtime friend, Tanya Virago. She was 51.

Brazzers Debuts Limited Series 'Gamer Stepmom'

Brazzers has released the first installment of its new limited series, “Gamer Stepmom.”

Vixen Drops Final Installment of Crossover Feature 'Long Con'

Vixen Media Group has released the fourth and final installment of "Long Con," the crossover feature from its studio imprints Vixen, Blacked, and Tushy.

Alyssa Bounty, Angelika Grays & Annalisa Atomic Blonde Star in Latest From MixedX

Alyssa Bounty, Angelika Grays, and Annalisa Atomic Blonde star in the latest release from MixedX, titled “Crimson Hollies.”

Jayne Calloway, Zariah Aura Star in Latest From TransAngels

Jayne Calloway and Zariah Aura star in the first installment of “Clueless and Horny as Fuck,” the upcoming two-part series from TransAngels.

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.

Melody Marks Stars in Latest From New Sensations

Melody Marks stars with Milan Ponjevic in the latest release from New Sensations.

Show More