Randazza and Berryhill square off over X-Videos.com.
Two of the most colorful lawyers in the trademark/UDRP business squared off in a UDRP over one of Michael Berkens’ domain names.
Marc Randazza’s law firm represented WGCZ S.R.O., which filed a UDRP over Berkens’ domain name X-Videos.com. John Berryhill represented Berkens.
Anyone familiar with the work of Randazza and Berryhill would expect rather colorful submissions by each party. Indeed, the three person panel noted “…the party submissions are rather verbose…”
The panel determined that Berkens has rights/legitimate interests in the domain name and didn’t register the domain in bad faith.
“X Videos” is, after all, a generic term relating to adult videos. Furthermore, even though Berkens voluntarily agreed to a registration date after he probably registered the domain, Berryhill proved that WGCZ didn’t yet have any sort of trademark rights in the mark at that time.
Interestingly, another case was filed against x-videos.com earlier this year by a different complainant. That case was withdrawn.
chad folkening says
nice win,, people trying to steal assets.. reverse domain hijacking should have a penalty and pay for attorney fees to Berryhill. Its an inefficiency in our system to scale when our assets are at risk. Another win for the good guy..
Congratulations to Berkens, Berryhill, and the panelists. (Names sequenced in alphabetical order, not importance).
what a joke..xvideos.com is full of pirated porn movies.
Randazza is a thief and a scumbag. Good win !
John Berryhill says
The facts of any case are not personal to the lawyers involved.
Yes, but it’s an indispensable catalyst.
The lawyer, that is, not the facts.
While the facts of any case are not personal to the lawyers involved the lawyers involved in a case certainly have an opportunity to review them prior to signing on to represent in them so if not a scumbag and a thief perhaps randazza is simply a lousy lawyer
If he thought he had a winner well…..and if he didn’t what was he doing there? Kid needs braces? Wife a new gucci bag perhaps?