Estonian student ordered to transfer domain name

International
In Bright Imperial Ltd v Dumpin (Case D2009-1619, January 19 2010), a Word Intellectual Property Organization panellist has ordered that the domain name 'hqredtube.com' be transferred from Estonian student Senja Dumpin to Bright Imperial Ltd, Hong Kong, the parent company of adult website RedTube.

Bright Imperial argued that its RedTube brand is well known in Estonia. It cited statistics from rating agency Alexa.com, which showed that its website is the most popular adult website in Estonia, and the 64th most popular website overall in Estonia. Bright Imperial also provided evidence that Dumpin’s website HQRedTube, which was created in April 2009, contained advertisements for adult videos, arguing that it copied the look and feel of the RedTube website. Bright Imperial also noted that Dumpin had asked for $10,000 (approximately €7,260) to take down his website, presenting this as further proof of his bad faith.

In contrast, Dumpin argued that he did not make any money from his website and that Bright Imperial had not lost any money because of the domain name 'hqredtube.com'. He also stressed that the domain name did not exist as a webpage, but pointed only to another domain name.

The panellist found that:
  • the domain name was confusingly similar to Bright Imperial's REDTUBE mark;
  • Dumpin had no rights or legitimate interests in the domain name; and
  • the domain name had been registered and was being used in bad faith.
The panellist thus ordered that the domain name 'hqredtube.com' be transferred to Bright Imperial.

Aleksandra Noveska, PETOŠEVIC, Skopje

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