Chatroulette Wins Domain Case Involving Site With Adult Click-Throughs
LAUSANNE, Switzerland — The domain name MonChatroulette.com was ordered transferred last week to the Russian owner of the widely popular Chatroulette, the mainstream chat site that pairs random users together for cam-based conversations.
MonChatRoulette.com, which relied on click-throughs to adult-related content, was operated by an unnamed individual who used private registration to mask identity. The site, purportedly called "My Chatroulette" in French, had been operating for about two years.
Last week, a UDRP panelist ruled that the disputed domain name had been registered and was being used in bad faith and ordered it transferred.
Chatroulette in proceedings disclosed that owner Andrey Ternovskiy has held an E.U. trademark for the domain name for the past six years. The mainstream site was started up in 2009.
“Considering the wide recognition of the complainant’s trademark for online chat systems and the express reference made to it on the respondent’s website attached to the disputed domain name, it is obvious that the respondent was perfectly aware of the complainant’s trademark when it chose to register the disputed domain name,” panelist Philippe Gilliéron ruled.
“As the website attached to the disputed domain name is meant to serve as a competing service to the complainant’s one, expressly referring to it but with an adult-related content, there is no doubt in the panel’s opinion that the disputed domain name has been registered, and is being used to attract internet users to the respondent’s website for commercial gain, by creating a likelihood of confusion and leading internet users to believe that the respondent’s website might be operated or at least affiliated by the complainant.”