We’re just being silly…www.adultfyi.com/read.php?ID=42232

from www.thedomains.com – In a three panel decision the generic domain name CafeInternet.com was transferred to the trademark holder.

“”The Panel determines that while no specific act of bad faith by Respondent…the Panel finds that Respondent, by providing the name of an unidentifiable business entity and misleading contact information, has taken deliberate steps to conceal its identity and make contact or communication impossible, all while operating a pornographic website at a domain name which could be easily confused with the Complainant’s trademark. “”

“”In this regard, Respondent’s listed name, “cafeinternet.com E-mail Services”, and its administrative contact, “Web Enterprises”, fail to denote whether either entity is a corporation, limited liability company, partnership, sole proprietorship, or other form of business recognized under the laws of the State of California.””

“”Respondent appears to have failed to provide accurate telephone or fax numbers for the administrative contact in violation of the domain name registration agreement. Respondent has also failed to provide a valid street address, as evidenced by the fact that letters sent by Complainant to these entities that were returned marked “Return to Sender – Not Deliverable as Addressed – Unable to Forward.” These facts suggest that Respondent provided a false name and false contact details in an effort to make identification and communication impossible, thereby supporting a finding of bad faith in this particular case.””

“””In addition, a bad faith determination is supported by the fact that Respondent has used the disputed domain name in connection with a website displaying adult content. The Panel considers the present case as an example of “pornosquatting,” where linking the domain name at issue to adult-oriented websites is a widely accepted evidence of use in bad faith”

In plain English, arbitrators for the World Intellectual Property Organization ruled that operators of CafeInternet.com [FriendFinder] must hand over its domain name to the owner of a Washington business.

David Green, the plaintiff in the case, contended that while the operators of CafeInternet.com have owned the site since November 1997, they shouldn’t be allowed to use it for their adult businesses because he owns a trademark for the words “cafe Internet.” Green owns franchise company Cafe Internet of Port Townsend, Wash.

According to a story reported on www.xbiz.com, while the actual identity of the operator behind the domain name wasn’t revealed before, during or even after the arbitrators’ ruling, CafeInternet.com’s content defaults to the home page of AdultFriendFinder.com.

In years’ past, it also has been home to Amigos.com and GermanAdultFriendFinder.com — all owned by Boca Ratan, Fla.-based FriendFinder.

The arbitrators, ruling 2-1, ordered that the domain name be transferred to Green and said that it considers the case to be an example of ‘pornosquatting,’ where linking the domain name at issue to adult-oriented websites is a widely accepted evidence of use in bad faith.