Feeds

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

First biz to lose .xxx cybersquat dispute

Top three mobile application threats

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". ®

Securing Web Applications Made Simple and Scalable

More from The Register

next story
Yorkshire cops fail to grasp principle behind BT Fon Wi-Fi network
'Prevent people that are passing by to hook up to your network', pleads plod
Major problems beset UK ISP filth filters: But it's OK, nobody uses them
It's almost as though pr0n was actually rather popular
Apple orders huge MOUNTAIN of 80 MILLION 'Air' iPhone 6s
Bigger, harder trouser bulges foretold for fanbois
Google Nest, ARM, Samsung pull out Thread to strangle ZigBee
But there's a flaw in Google's IP-based IoT system
Microsoft unsheathes cheap Android-killer: Behold, the Lumia 530
Say it with us: I'm King of the Landfill-ill-ill-ill
All those new '5G standards'? Here's the science they rely on
Radio professor tells us how wireless will get faster in the real world
US freemium mobile network eyes up Europe
FreedomPop touts 'free' calls, texts and data
'Two-speed internet' storm turns FCC.gov into zero-speed website
Deadline for comments on net neutrality shake-up extended to Friday
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Reducing security risks from open source software
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Consolidation: the foundation for IT and business transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.