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.”