Pornosquatting - Domain Name Theft Nightmare
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.
Related Tags: domain name, trademark, pornoaquatting, domain name dispute, udrp
Enrico Schaefer is the founding attorney of Traverse Legal, PLC, a law firm specializing in web law http://www.traverselegal.com You can find out more about protecting your domain name, UDRP arbitrations and anti-cybersquatting laws at Traverse Legal's domain name theft and trademark blogs found at http://tcattorney.typepad.com/domainnamedispute/ & http://tcattorney.typepad.com/ip/
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