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 That case was withdrawn.