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    SEX.BIZ Registrant Gets Screwed by STOP | Log in/Create an Account | Top | 30 comments | Search Discussion
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    Re: SEX.BIZ Registrant Gets Screwed by STOP
    by Anonymous on Thursday November 07 2002, @10:48AM (#10023)
    The registrant succeeded in defending this same registration in Philatelic.com, Inc. v. Peter I. Jeong, NAF Case FA112547 (July 24, 2002), available at http://www.arbforum.com/domains/decisions/112547.htm

    According to Tyrus Atkinson "Findings under this section [rights and legitimate interests] are unnecessary because of Complainant’s failure to show rights in the word, SEX. Respondent relies upon the proposition that the domain name is a generic word in which no party has rights or interests superior to any other person or organization..."

    The complainants in these two cases were from Houston, Texas. It seems that although it failed in the first Sex.biz case, somehow the complainant found a way to get a second chance to bring a STOP case, and this time it won. Although Perluss declined to make a determination of "issue preclusion", perhaps he should have taken a look at the Philips.ws decision in http://arbiter.wipo.int/domains/decisions/html/2002/dws2002-0001.html where David Bernstein said: "a Complainant may not file a second Complaint against the same Respondent regarding the same domain name unless Complainant establishes that such a re-filed proceeding is appropriate under the Grove Broadcasting standards." (Grove Broadcasting can be found here: http://arbiter.wipo.int/domains/decisions/html/2000/d2000-0703.html).

    To make a long story short, it seems that the complainant got away with one and maybe Jeong should consider finding some legal counsel fast to help him keep his name. He should think about filing an action in the Eastern District of Virginia to block the transfer of the domain name.
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