Mark Jenkins runs Link-O-Rama.com which, he claims, provides
300,000 daily visitors with links to countless porn sites. Jenkins
complained to WIPO that Dan Black, who registered the domain name
LinkORama.com, “intentionally attempted to attract for financial
gain, internet users to [Black’s] web site […] by creating a
likelihood of confusion with [Jenkins’] mark as to the source,
sponsorship, affiliation or endorsement of [Jenkins’] web
site.”
WIPO panellist Jonathan Hudis visited the Link-O-Rama.com site
and noted a banner on the home page stating: “GREENGUY LINK O’RAMA:
The Official Adult Links Site of the New Millennium!" and lower on
the page there were links to “ENTER THE LINK O’RAMA”. Hudis
wrote:
“This does not constitute sufficient
evidence that Mr Jenkins is using Link-O-Rama.com as a trade mark
or service mark, or that the relevant consuming public recognises
Link-O-Rama.com as such.”
In denying the transfer requested by Jenkins, Hudis added that
his claim that his site is very popular “does not by itself
demonstrate that Mr Jenkins has trade mark or service marks in the
domain name.”
