Compare The Market has failed to seize the rights to the adult domain name comparethemarket.xxx.
In April BGL, the owner of the price comparison brand and a number of registered trade marks, launched a Uniform Domain Name Dispute Resolution Policy complaint with the Czech Arbitration Court, following the .xxx site being registered by a gentleman from Gwent last year.
The panel rejected BGL’s complaint, on the basis that it had failed to show that the .xxx site had been registered in bad faith, as it does not currently resolve to a website.
Trade mark owners should take note, as this decision indicates that they will be required to show clear evidence of bad faith registration (such as offers for sale to the trade mark owner or linking the domain to competitors’ adverts) in order to be successful in a complaint. This will be of particular concern for those linked to an .xxx domain, due to the potential for reputational damage.