Court Won't Enjoin Infringing 'Sex Guide' Internet Site

Saying prostitution is illegal, a federal judge has refused to grant the request of the owner of a "World Sex Guide" Web site to enjoin a rival site that is allegedly infringing its trademark.

First Global Communications Inc. owns a trademark registration for the term "World Sex Guide," a guide to prostitution services around the globe, and operates the worldsexguide.com Web site.

The content of the guide includes customer reviews of prostitution services in the United States and in foreign countries, as well as information about sting operations by law enforcement officials.

The Web site also has discussion boards for users and advertises escort services, which First Global acknowledged was a euphemism for prostitution services.

First Global describes the site as an "online guide in the field of travel and entertainment."

Indeed, the trademark registration it received in August 2000 specifies that the World Sex Guide mark is for use in "computer services, namely providing online guides in the field of travel and entertainment," according to the court's opinion.

First Global filed suit against Jackson Bond and his company, Powertools Software Inc., for trademark infringement and cyberpiracy.

First Global alleged that Bond set up a rival sex guide using the domain names worldsexguide.info, wsgforum.com, usasexguide.info and internationalsexguide.info. He also allegedly used hyperlinks and metatags to divert content and users from First Global's site to his site.

In the suit, filed in the U.S. District Court for the Western District of Washington, First Global asked the court to enjoin Bond from using the allegedly infringing domain names and to require Bond to turn over his domain names to First Global.

Judge Marsha J. Pechman refused to grant the relief requested by First Global, relying on the "clean hands" doctrine. The doctrine holds that a party seeking equitable relief from a court must come to the court with "clean hands."

In this case, Judge Pechman found that the court could withhold an equitable remedy that would encourage or reward illegal activity.

The state of Washington prohibits "advancing" prostitution, and Judge Pechman said the materials on First Global's Web site provided information that would help users find prostitution services.

She rejected First Global's argument that the content of the site was protected by the First Amendment's guarantee of free speech.

While the state could not proscribe speech that advocates violating the law, speech that aids and abets criminal activity is distinguishable and can be prohibited, the judge said.

Speech that aided and abetted illegal prostitution fell into the latter category, Judge Pechman ruled.

She also rejected First Global's argument that an injunction against Bond would serve a public purpose because it would reduce consumer confusion regarding the rival sites.

"The court fails to see how the public has an interest in reducing consumer confusion between Web sites that provide information about prostitution services, given that prostitution is illegal in virtually all of the United States," she said.

Concluding that issuing the injunction would effectively encourage illegal activity and would serve an unconscionable purpose, Judge Pechman denied First Global's motion.