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?Is Pornosquatting Enough to Win my Domain Name Dispute??

By Enrico Schaefer

In order to successfully assert a domain name dispute complaint under the UDRP you have to show that the domain name in dispute is identical or confusingly similar to your trademark, that the respondent does not have a right or legitimate interest in the domain name, and that the respondent registered and used the domain name in bad faith.  One of the more common issues relates to pornosquatting.  In its simplest form, pornosquatting occurs when your trademark is used as part of a domain name for a website containing pornographic material.  Regardless, pornography alone may not be enough to show bad faith.

A classic case of "pornosquatting" will, however, suffice.  Pornosquatting has been held to be clear evidence of bad faith when: (1) a trademark the pornosquatter does not own is used; (2) the site to which the user is redirected is clearly pornographic; (3) the site is commercial, (i.e. you must pay in order to access further pornographic images); and (4) there is a "mouse-trapping effect" making it more difficult for the casual Internet user to leave the pornographic website. 

The most successful complaints, or defenses for that matter, know the law, work diligently to discover facts that may not be immediately evident, and communicate the party's best position to the UDRP panel.  Knowing the history of the party's trademark and domain name and being able to present exhibits to support the party's position are essential, and may include: USPTO trademark registrations; public recognition of the trademark; marketing and sales date; snapshots of the website content housed at the domain name at different intervals in time; testimonials; and many others.  In the end, having experience to know what works and what does not work when presented to the panel is priceless.  Fortunately for you, lawyers are available to perform this work at reasonable prices, and you can contact us today to learn more.

Full post as published by AntiCybersquatting Consumer Protection Act Blog on January 24, 2007 (boomark / email).