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UDRP ruling in VIVENDIUNIVERSAL SUCKS.COM dispute
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If your aim is to set up a noncommercial criticism site at a "sucks" address, .org would make more sense than .com -- or perhaps .info would be even better now. And whoever owns sucks.info can make subdomains of it for whatever criticism sites they wanted, and such subdomains aren't directly subject to the UDRP. (I registered haters.info and offered free redirected subdomains for protest sites, e.g. icann.haters.info, but nobody's taken me up on that offer yet.)
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Tardy coverage sympathetic to Sallen from the Chicago Tribune Online. -g
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For once, I beg to disagree.
The domain is clearly "abusive" and therefore represents registration and use in "bad faith."
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- 1 reply beneath your current threshold.
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I'm familiar with the Philipssucks ruling, and indeed I have worked alongside Jonathan Turner on a case of mine earlier this year. Confusing similarity to a trademark is a red herring. Gripers should pay attention to what he has to say about legitimacy and bad faith. Succeed on either of those and you're in...
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On December 5, 2001, the United States Court of Appeals for the First Circuit reversed the decision of the United States District Court of Massachusetts, remanding the Corinthians case back to the District Court. The District Court had ruled that it lacked subject matter jurisdiction with regard to Mr. Sallen's challenge to an order of the World Intellectual Property Organization (WIPO) that the domain name corinthians.com be transferred to a Brazilian corporation pursuant to a Uniform Domain Name Dispute Resolution Policy (UDRP) proceeding. The Court of Appeals held that Federal subject matter jurisdiction does extend to such claims.
The opinion of the United States Court of Appeals can be read at the following link:
http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1197.01A
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| 6 replies beneath your current threshold. |
