Cybersquatting Over Trademark Rights in Domain Names: Adultcon Says Exxotica’s Trademark is Generic

August 20th, 2010

In an article posted on Thursday on Xbix, the dispute between two adult fan-show giants, Exxxotica and Adultcon was highlighted. The adult entertainment companies are gearing up to square off against each other in court in a dispute over ownership and use of 19 allegedly infringing domain names.

domain name dispute cybersquatting lawsuitThe cybersquatting lawsuit was filed this earlier this summer in June by Exxxotica. Exxxotica is seeking the maximum statutory damage award ($100,000 for each cybersquatted domain name) under the Anti-cybersquatting Consumer Protection Act (ACPA).

The dispute between the adult fan-show companies has at its epicenter the Los Angeles Convention Center, where Adultcon has been holding shows for years. However, this year Exxxotica decided to expand its fan base (which normally is covered by Exxxotica shows in Miami and New Jersey) into the L.A. market by scheduling a show at the same venue Adultcon has been regularly hosting adult show events.

Exxxotica alleges that Adultcon has registered and is using 19 domain names infringing on Exxxotica’s federally registered trademark ‘EXXXOTICA’. The domain names in dispute are;

Exxxotica-lv.com, ExxxoticaExpo-LA.com, ExxxoticaExpo-LV.com, ExxxoticaExpoLA.com, ExxxoticaExpoLV.com, ExxxoticaLA.com, ExxxoticaLasVegas.com, ExxxoticaLosAngeles.com, Exxxoticalv.com; ExxxoticaVegas.com; ExoticaExpo-LA.com, ExoticaExpo-LV.com, ExoticaExpoLA.com, ExoticaExpoLV.com, ExoticaLA.com, ExoticaLosAngeles.com, ExoticaLV.com, ExoticavaLasVegas.com and ExoticaVegas.com.

In response to the cybersquatting allegations, Adultcon argues that Exxxotica’s trademarks have become generic and thus unenforceable;

It will be very interesting to see how this dispute plays out. From a cursory inspection of the 19 disputed domain names, it appears that Adultcon may have subjected itself to massive liability (19x $100,000).

Because everyone of the 19 disputed domains bears some form of Exxxotica’s ‘EXXXOTICA’ trademark, unless Adultcon can prove that Exxxotica’s trademarks are generic it is possible that Adultcon could be left paying huge fines in statutory damages for these 19 disputed domain names.