Feeds

Compare the Market loses .XXX smut-squat appeal

It's not that simples, is it?

Maximizing your infrastructure through virtualization

Meerkat-obsessed Compare the Market, which became the first company to lose a cybersquatting complaint over a .xxx domain name, has lost its appeal against the ruling.

BGL Group, which owns the Compare The Market brand, lost its first case against the owner of comparethemarket.xxx in May, after a Czech Arbitration Court (CAC) panel decided that the term “compare the market” was just too generic to result in a finding of cybersquatting.

At that time, panelist Mike Rodenbaugh ruled: "'[C]ompare the market' could relate to myriad different types of markets and myriad different comparisons."

But BGL, which owns a trademark on the phrase "Compare the Market", filed another complaint with the CAC a week later, essentially appealing the first ruling. That complaint has now been thrown out of court on procedural grounds.

The company is still unique among porn-squatted brands; of the 27 .xxx cybersquatting cases handled under the Uniform Domain Name Dispute Resolution Policy this year, the other 25 have resulted in the domain being transferred to the complaining trademark holder.

Gwent resident Jon Watkins registered comparethemarket.xxx last December, shortly after .xxx domains became broadly available for public purchase, according to the latest UDRP ruling.

The fact that he used a privacy service to register the domain – shielding his name and location from public view – was used by BGL as grounds to appeal.

The company argued that had it known first time around that Watkins was a UK resident, its case that he should have been aware of the Compare the Market brand would have been much stronger.

Compare the Market is almost universally famous in the UK for its TV commercials, which use a computer generated comedy meerkat spokesperson.

But the Czech Arbitration Court panel – this time a three-person panel – rejected BGL's appeal on the basis that the company had failed to bring any new evidence to the table. The original panelist, it decided, had already considered the fact that Watkins is a UK resident.

If there was a silver lining for BGL, it was that the panel decided that its complaint did not amount to Reverse Domain Name Hijacking.

It's almost unheard of for companies to file three UDRP proceedings against the same person over the same domain name. If BGL is set on owning comparethemarket.xxx, it's probably going to have to pay off its current owner, or take him to a proper court. ®

The Essential Guide to IT Transformation

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
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
Oh girl, you jus' didn't: Level 3 slaps Verizon in Netflix throttle blowup
Just hook us up to more 10Gbps ports, backbone biz yells in tit-for-tat spat
Want to beat Verizon's slow Netflix? Get a VPN
Exec finds stream speed climbs when smuggled out
prev story

Whitepapers

Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
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.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.
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.