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First UDRP Win for .XXX Owner

HEB Grocery Company submitted a complaint to the National Arbitration Forum on December 29,2011 ,asserting legal rights over the domain name HEB.XXX .This is the first complainant to win a .XXX domain name in arbitration HEB Grocery Company has rights in the "Heb" mark by registering it with the United States Patent and Trademark Office (USPTO).Therefore,they contended that the disputed domain name is confusingly similar to its trademark.

Moreover,they contended and managed to prove that the respondent,Eric Gonzales, registered and used the domain name in bad faith :

"Complainant argues that Respondent had actual notice of its rights in the HEB mark, demonstrating clear bad faith registration and use.  Complainant submits documentary evidence, as does Respondent, indicating that the two parties had contact and directly discussed the disputed domain name and the potential for Complainant’s registration of the domain. "

The Panel ordered the "Heb.xxx" domain name to be transferred from the respondent to the complainant.

You can read the decision here .

 

 
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