If you acquire a domain in the secondary market, make sure it does not infringe on the marks of others.
A famous mark in the adult entertainment industry, is YOUPORN. The matching .com is the 161st most visited web site on the Internet.
According to a UDRP filed against the domain name YouPorn.TV, the domain was registered in 2006, predating the registration of the YOUPORN mark.
However, as the Complainant pointed out, the current registrant acquired it in 2013.
The YOUPORN mark is thus older, having been registered in 2009. The acquisition date was not made clear, as the domain was kept under WHOIS protection for a few years.
The Respondent provided no response in this case, which noted the following:
“The date upon which the Respondent acquired the Domain Name is not known, but the Panel has found as a fact (see section 4 above) that it was in the course of 2013 i.e. some six or seven years after the Complainant’s “YouPorn” product was launched and two years after that product was acquired by the Complainant.”
With all that in mind, the domain YouPorn.TV was ordered to be transferred.
For the full text of the UDRP, click here.
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