A one member UDRP panel just award the domain name LizTaylor.xxx to the The Elizabeth Taylor Trust, Interplanet Productions Limited and The Elizabeth Taylor Cosmetics Company who all brought the UDRP.
The decision is more interesting that you think.
Also I’m not sure how the domain holder got the domain registered in the first place as the panel found they were not a member of the adult community.
As .XXX is a sTLD, restricted only to those who are members of the Sponsored Community, something they must acknowledge and verify before registering a .XXX domain.
Here are the relevant facts and findings:
“The Complainant has rights in the ELIZABETH TAYLOR trade mark registered with the USPTO on March 22, 1994. ”
“The Complainant alleges that the disputed domain name is confusingly similar to the ELIZABETH TAYLOR mark and that the short form “Liz” for the name “Elizabeth” does not negate the confusing similarity. Elizabeth Taylor was not only an award-winning actress but an internationally-recognised producer, author and business entrepreneur. The Complainant produced media articles which referred to her as “Liz Taylor”.
“The Complainant filed for United States trademark applications covering the mark LIZ TAYLOR for cosmetics, fragrances, jewellery, watches, clothing and footwear in January of 2012.”
“The Respondent registered the disputed domain name on December 7, 2011 and has never used or developed the disputed domain name in connection with a bona fide offering or any goods or services.”
“The disputed domain name links to a website that incorporates a generic search engine with links to other third party websites selling cosmetics competing with those sold by the Complainant, as well as links to information relating to the life and career of Elizabeth Taylor.”
“The Panel is in no doubt that the disputed domain name is confusingly similar to the Respondent’s trademark. ”
““Liz” is a very common abbreviation of the forename, “Elizabeth”. The Complainant has produced evidence that the late Elizabeth Taylor was known, in the media at least, as “Liz” Taylor. ”
“Whether she personally liked the shortened version of her full name or not is irrelevant. ”
“It does not matter that the trademarks of the Complainant extend only to jewellery, clothing, etc. ”
“All that needs to be proved under the Policy is that a complainant has rights in a trademark and that the disputed domain name is identical or confusingly similar to that mark.”
“The Respondent claims that he wishes to develop a website devoted to a porn star who calls herself “Liz Taylor” or “Lizz Taylor”.…
