XVideos.nu Domain Name Ordered Transferred

LAS VEGAS — An arbitrator, siding with the operator of XVideos.com in a cybersquatting claim, recently awarded the company the XVideos.nu domain name.

The arbitrator ordered the domain name handed over after he found the adult tube site to be confusingly similar to XVideos.com's own adult brand and registered in bad faith. XVideos.com has operated since 2007.

XVideos.nu, according to Internet archive records, has operated as an adult tube site since early 2012. At post time, the site, registered to Andrei Ivanov, continues to operate as such.

XVideos.com's parent company, WGCZ S.R.O., filed the UDRP claim last month — one of many it has successfully waged this past year against entrepreneurs who have cybersquatted on its trade names.

The company operates scores of other tube sites, including XNXX.com, and is based in Czechoslovakia and has U.S. operations in Las Vegas.

In the case over XVideos.nu, sole panelist Ian Lowe said that WGCZ S.R.O. produced evidence that Ivanov was an "experienced domainer" with nine years of experience in the area of adult tube websites, and that he registered the site only to ride on the coattails of the XVideos.com brand, which counts 350 million unique visitors every month.

"[Ivanov] has used the domain name for a website providing similar services to those of the complainant under the XVideos name including the provision of links to third-party websites directly competing with the complainant," the arbitrator wrote. "In the panel's view, this amounts to paradigm bad faith registration and use for the purposes of the policy."

Ivanov, in an informal email response to the claim, suggested that "XVideos" is generic and that WGCZ S.R.O. only registered the brand as a U.S. trademark in September 2012.

Ivanov claimed that when he registered the domain name, "XVideos" was not a trademark. He later suggested that "XVideos" was like "porn videos" or "porn tube" and that his website had nothing in common with XVideos.com, according to the filing.

But the arbitrator said that the "fact that the complainant had not yet registered its trademark at the time the domain name was registered does not prevent the panel from deciding against the respondent."

Marc Randazza of Randazza Legal Group, which represented WGCZ S.R.O. in the UDRP claim decided at WIPO, told XBIZ that the case relied on XVideos "very strong trademark rights." Randazza noted that the arbitrator relied on prior cases that established it as well.  

"Protecting a brand is like building a defensive wall," he told XBIZ. "Every effort builds on prior efforts.  That's why it is a bad idea to just wait until you have a big problem.

"You get rid of small problems, one by one, and next thing you know, you have a nice tall and stout wall of brand protection."

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