Arbitration panel finds in favor of domain registrant in DeepThroat.com case.
“Honey, I’m just doing some homework for a legal case I’m working on.”
That’s what the three panelists in a recent UDRP arbitration through National Arbitration Forum must have told their spouses as they decided the fate of DeepThroat.com. The panel found in favor of the domain owner, who was represented by John Berryhill.
The complainant, Arrow Productions, owns the rights to the famous 1972 adult film of the same name. The respondent claimed, and the panel agreed, that “Deep Throat” has a connotation of, ahem, a “specific sexual act involving the human throat”, not just the movie. Of course it was also the code name given for the informant in the Watergate scandal.
You have to enjoy when law gets applied to adult entertainment. Here’s my favorite line from the ruling:
“Respondent uses the disputed domain name to direct Internet users to goods or services that relate neither “deeply to the throat†(i.e., per the simple definition of the words)…”
Indeed.
But the panel ultimately decided that the domain owner can keep the domain because it wasn’t registered or used in bad faith. The domain owner bought the domain in a portfolio for about $5 million in 2005 after the production company filed the trademark. However, the domain was originally registered in 1997. The panel figured that, given the large purchase price, it’s plausible that the domain owner researched for trademarks several months before the actual purchase (and before the trademark was filed.)
John Berryhill says
Some may find the decision to be hard to swallow, and believe the Complainant was shafted. But the decision doesn’t go down into great detail on the thrust of the arguments.
Rob Sequin says
Yikes!
Let me clear my throat before I start… wait, that didn’t come out right… oops neither did that.
What I am trying to get off my chest… ah, forget it.
Andrew says
Should we have a pun-off here?
Rob Sequin says
What’s the prize? Some gag gift?
Seriously, I hope there is a happy ending for the registrant.
Okay, now I’m done.
Adam says
This story blows
Bob says
Come on! You cunning linguists can head to the back of the line! Makes me want to blow my cool!
Kevin Ohashi says
The puns have blown my mind.
David says
Well, the decision has rather potentially and perversely funny implications. But…it’s your blog. 🙂
Good win for John and his client. Now I’m off to see a doctor for my throat…