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However, as has been stated above, the Complainants have proven possession in the PRIVATE mark. Thus, the Panel finds that the Complaint has not been introduced in unhealthy religion and denies the request for a discovering of reverse domain name hijacking.
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This implies that the Complainants have confirmed ownership of a proprietary trademark proper within the PRIVATE mark. The Panel is of the opinion that the PRIVATE mark has been utilized by the Complainants in relation to magazines, newspapers and books containing adult entertainment materials.
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However, the fact that the Complainants’ trademark has been registered i. on the Principal Register of the United States Patent and Trademark Office as a word mark exhibits that the trademark has been found sufficiently distinctive for registration.
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The Respondent has alleged that the word “private” is generic within the subject of adult entertainment. The Panel doesn’t find the word “private” per se to be generic or descriptive in relation to grownup magazines, books or films. The Respondent has argued that the word “private” is a generic time period and is being used in the adult leisure enterprise to the extent that it must be thought-about as diluted on the Internet. Therefore, the Complainants cannot declare the exclusive proper to this time period in relation with grownup entertainment websites.
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According to the Complainants the PRIVATE mark has been used in connection with grownup leisure products and services throughout the world since 1965. The Complainants have further shown that it’s the proprietor of over 200 registered trademarks overlaying the word “Private” all through the world. The Complainants have inter alia registered its trademark PRIVATE on the Principal Register of the United States Patent and Trademark Office as registration no. 1,014,957 as early as July�1,�1975. The Complainants are also the proprietor of the US trademark registration no. 2,443,667 PRIVATE, which was registered on the Principal Register on April�17,�2001.
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PMG’s brand name, “Private” thus enjoys worldwide notoriety and robust model recognition in the grownup leisure trade, together with distributors, producers, and shoppers. PMG has over 200 registered logos throughout the world, which shield its goods and companies. A listing of those registered marks is connected as Annex A. Since 1997, PMG has expanded its presence in rising digital markets for grownup leisure, including by launching its first Internet web site, “”. In 1999, PMG became the first grownup leisure firm to be listed on the Nasdaq National Market in the United States.