First .XXX domain name case won by respondent

CompareTheMarket.xxx becomes first .XXX domain name case won by respondent.

BGL Group Limited has recently lost the fight over the domain name CompareTheMarket.XXX, after and arbitrator awarded the domain name to Jon Watkins, the one who registered the domain in December.

Jon Watkins registered the domain name on December 7, 2011, the day .XXX extension became available for public sale.

BGL Group owns both CompareTheMarket.co.uk and CompareTheMarket.com, registered  on 21 September, 2004. Even though the company owns many trademark registrations for "CompareTheMarket.com" and "CompareTheMarket" and trademarked these terms prior to the domain name registration, the panel decided to give the domain name holder rights to the domain.

But Complainant fails to prove bad faith registration or use of the domain. Complainant states that the domain is "completely inactive". Complainant does not show that Respondent tried to sell the domain to Complainant, has registered other infringing names, or otherwise has tried to profit from the domain or cause any other harm to Complainant. Respondent is not shown to have had prior UDRP cases in which he has been an unsuccessful Defendant.

Clearly, "compare the market" could relate to myriad different types of markets and myriad different comparisons within each one, as demonstrated by a simple web search. "

You can read the decision here, and register .XXX domain name with NiceNIC!

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