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    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    This discussion has been archived. No new comments can be posted.
    ICANN .xxx | Log in/Create an Account | Top | 18 comments | Search Discussion
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    Milton L. Mueller - Panelist
    by Anonymous on Thursday June 02 2005, @06:54AM (#15400)
    http://arbiter.wipo.int/domains/decisions/html/200 1/d2001-0871.html#f5
    Complainant in this proceeding has not made such eithera showing. Its website offers to register ".sex" alternate registry domain names. There is no evidence provided that Complainant is the exclusive provider of ".sex" registry names [5]. The record rather reveals that several enterprises, including Respondent, are offering such alternate registry names or have applied to register trademarks incorporating ".sex". Moreover, the Panel notes that during ICANN’s recent consideration of adoption of new generic TLDs, the establishment of a ".sex" gTLD was proposed and discussed by a number of parties [6]. Complainant has not presented evidence of exclusive rights in ".SEX", and there is substantial evidence to the contrary.
    Frederick M. Abbott
    Presiding Panelist

    Milton L. Mueller

    Jeffrey M. Samuels

    Dated: October 16, 2001


    1. See 15 USCS § 1057(b) (establishing presumption of exclusive right to use based on registration).

    2. See, e.g., Century 21 Real Estate v. Billy Sandlin, 846 F.2d 1175 (9th Cir. 1988).

    3. See, e.g., Adobe Systems Incorporated v. Domain OZ, WIPO Case No. D2000-0057, decided March 22, 2000, and; Desert Schools Federal Credit Union v. Symlink Communications, llc, WIPO Case No. D2001-0528, decided July 4, 2001.

    4. See generally, Mil-Mar Shoe v. Shonac, 75 F. 3d 1153 (7th Cir. 1996).

    5. One member of this Panel suggests that a showing by Complainant that it had received an assignment of the top level domain label ".sex" from ICANN, and/or that it was the exclusive occupant of that top-level domain in the registry services market, might serve to distinguish Complainant's registry services in the marketplace and create secondary meaning.

    6. See, e.g., http://www.icann.org/tlds/tld-applications-lodged- 02oct00.htm, including ".sex" registry proposals from Name.Space Incorporated and Rathbawn Computers Limited, et al.
    [ Reply to This | Parent ]

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