Feeds

Compare The Market can't touch web filth extension - simples

First biz to lose .xxx cybersquat dispute

Intelligent flash storage arrays

Price comparison biz Compare The Market has lost its bid to seize the domain name comparethemarket.xxx.

BGL Group, which owns the Compare The Market brand, has the unpleasant distinction of being the first company to lose a cybersquatting case in the new adults-only .xxx extension. The owner of the domain, listed in the Whois database as Jon Watkins of Gwent, is now free to use comparethemarket.xxx in whatever way he sees fit.

BGL launched a Uniform Dispute Resolution Policy (UDRP) complaint with the Czech Arbitration Court in April, but discovered this week that its claim had been rejected.

"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," CAC panelist Mike Rodenbaugh wrote.

Under the UDRP, complainants must show that the domain name was registered in bad faith. Rodenbaugh found that BGL had failed to do so in this case, as comparethemarket.xxx does not currently resolve to a website.

"Inactive non-use is clearly an insufficient indicator of bad faith; there must be something more," he wrote. "Therefore the complaint must be denied."

Often, offers to sell domains to trademark owners or "parking" the domain with ads for competitors is taken as evidence of bad faith. Neither was present in this case. However, other UDRP panelists have found in previous cases, controversially, that inactive web sites can be taken as evidence of bad-faith registration.

BGL has been operating comparethemarket.com and comparethemarket.co.uk since 2004. It also bought comparethemeerkat.com in 2007 when it introduced its hugely well-known commercials featuring Aleksandr Orlov, a computer-generated Russian meerkat whose catchphrase is "simples".

CompareTheMarket.xxx was registered on 7 December during .xxx's first days of general availability. BGL picked up comparethemeerkat.xxx on 20 December.

Since .xxx launched, 22 UDRP cases have been filed and won by companies that missed out on the extension's pricey trademark-protection "sunrise" period last autumn, which has been characterised by some as a "shakedown". ®

Top 5 reasons to deploy VMware with Tegile

More from The Register

next story
Download alert: Nearly ALL top 100 Android, iOS paid apps hacked
Attack of the Clones? Yeah, but much, much scarier – report
Broadband sellers in the UK are UP TO no good, says Which?
Speedy network claims only apply to 10% of customers
Virgin Media struck dumb by NATIONWIDE packet loss balls-up
Turning it off and on again fixes glitch 12 HOURS LATER
Fujitsu CTO: We'll be 3D-printing tech execs in 15 years
Fleshy techie disses network neutrality, helmet-less motorcyclists
Facebook, working on Facebook at Work, works on Facebook. At Work
You don't want your cat or drunk pics at the office
Soz, web devs: Google snatches its Wallet off the table
Killing off web service in 3 months... but app-happy bonkers are fine
prev story

Whitepapers

Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
Getting started with customer-focused identity management
Learn why identity is a fundamental requirement to digital growth, and how without it there is no way to identify and engage customers in a meaningful way.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
The hidden costs of self-signed SSL certificates
Exploring the true TCO for self-signed SSL certificates, including a side-by-side comparison of a self-signed architecture versus working with a third-party SSL vendor.
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.