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Guy fills exact-match domain with porn, wins UDRP anyway

Kevin Murphy, October 19, 2021, 09:00:14 (UTC), Domain Policy

A Chinese registrant has managed to survive a UDRP over an exact-match domain name, despite not responding to the complaint and filling the associated web site with porn.

An ADR Forum panelist yesterday ruled the registrant could keep the domain boltonmenk.com (NSFW) despite Bolton & Menk, a Minnesota engineering firm that says it was founded in 1949, claiming infringement of common-law trademark.

Bolton & Menk has used the hyphenated version, bolton-menk.com, since 1996.

The non-hyphenated version at issue in this case has been in the hands of third-party registrants for at least 15 years, with at least 13 drops, according to DomainTools.

It seems to have been mostly parked with regular, inoffensive ads, and it was presumably only the recent addition of hard-core pornography that caught the complainant’s attention.

But the UDPR panelist ruled that Bolton & Menk, which has only a pending US trademark application, had failed to provide enough evidence that its brand also operates as a common-law trademark.

The complaint was therefore dismissed for the complainant’s lack of rights without even considering the registrant’s bad faith or legitimate interests.

It looks like a case of the bad guy getting away with it due to a less-than-comprehensive complaint.

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