Arbitrators Deny Cybersquatting Claims Involving ‘Porntube’ Mark

Arbitrators Deny Cybersquatting Claims Involving ‘Porntube’ Mark

NEWTON CENTRE, Mass. — An arbitration panel, 2-1, recently denied cybersquatting claims against the operator of two domains that incorporate “porntube” within its website names.

The decision made by ADR Forum neutrals is significant because Tenza Trading Ltd., which operates PornTube.com among many other web properties, owns a U.S. trademark for the mark “porntube” for adult entertainment services and has used it commercially since 2005.

The cybersquatting claims made by Tenza had targeted the domains of the web properties PornTubeGals.com, an operating adult tube site, and PornTubeMovs.com, which currently doesn’t resolve.

Both of the sites are registered to respondent Maksim Lazynin, who through his counsel argued that the domains shouldn’t be transferred because the “porntube” mark is generic and that they weren’t registered in bad faith.

While the arbitration panel in its decision agreed that the domains PornTubeGals.com and PornTubeMovs.com were confusingly similar to the PornTube.com name and that Lazynin had no right or legitimate interest in respect to the domains, it did not rule that the registration and use was made in bad faith.

“Bad faith has a subjective component. Even though respondent has not established the mark’s genericness, that does not necessarily mean that respondent lacked a good-faith belief in the mark’s genericness at the times either of registration or of use or both,” the panel wrote.

In its decision, arbitrators pointed to submissions by Lazynin that contended that he was unaware that Tenza held a bonafide trademark for “porntube” during the time of registration, which coincided during a period that Tenza was challenged over the genericness of the mark in another case involving Calista Enterprises Ltd.  

Lazynin had argued that summary judgment proceedings in the Calista case involving “porntube” were non-final at the time of registrations.

The arbitration panel agreed with Lazynin, ruling that Tenza had not proved bad-faith registration and use with the 2014 registrations of the domains PornTubeGals.com and PornTubeMovs.com.

“While we have concluded that respondent has failed to establish genericness, we now further conclude that, nonetheless, complainant has failed to establish to our satisfaction that respondent did not have a good-faith belief in the genericness of the mark in question,” the panel wrote.

Attorney Marc Randazza of Randazza Legal Group, who assisted attorney Val Gurvits of Boston Law Group, the lawyer of record representing Lazynin, said that the conflict between the two enterprises resulted in a “very important case.”

“I think that the claim that ‘porntube’ being a unique source identifier is absurd,” Randazza told XBIZ. “Mr. Gurvits did a great job on this case, protecting free expression in the process.  

“When one company tries to monopolize a generic term, it impoverishes the marketplace of ideas in an effort to unjustly stop others from truthfully describing their goods or services,” Randazza said. “While some cases like this are close calls, this one is quite clear.”  

Attorney Anna Vradenburgh, who represents Tenza, did not immediately respond for XBIZ comment.

Related:  

Copyright © 2025 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

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Master Nico Relaunches Site Through YourPaysitePartner

Master Nico has relaunched his official website through YourPaysitePartner (YPP).

Federal Judge Grants Partial Halt of Florida AV Law

The United States District Court for the Northern District of Florida, Tallahassee Division, has granted a preliminary injunction against HB 3, the state's age verification law, as a lawsuit filed by two online trade associations challenging the law makes its way through the courts.

Aylo Releases Statement on Suspending Access to Pornhub in France

Technology and media company Aylo, which operates adult sites including Pornhub, YouPorn, and Redtube, has released a public statement regarding its decision to block access to its sites in France.

Pineapple Support to Host Wellness Sessions at Bucharest Summit

Pineapple Support is hosting free group and one-on-one therapy sessions at Bucharest Summit, June 3-5.

Pornhub Blocks Access in France in Response to SREN Law

Pornhub parent company Aylo has opted to block access to its sites in France rather than comply with age verification requirements under the country’s Security and Regulation of the Digital Space (SREN) law.

ASACP Highlights Study on Parental Controls

The Association of Sites Advocating Child Protection (ASACP) is highlighting the results of a study on the underutilization of parental controls.

Sydney Screams Launches New Site Through Grooby's Blue.xxx

Sydney Screams has launched her new membership site, SydneyScreams.xxx, through Grooby's website management company Blue.xxx.

Mistress Mystii Is LoyalFans' 'Featured Creator' for June

LoyalFans has named Mistress Mystii as its Featured Creator for June.

Show More