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Corinithians Reversed: Federal Court WIPO UDRP Challenge Upheld
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Freespeechcenter writes: The [vivendiuniversalsucks.com and phillipssucks.com] decisions are the seminal rulings... These are not seminal rulings. Rulings on *sucks sites have gone both ways. Besides, if you follow the UDRP at all you'll know that there is no such thing as a seminal ruling, arbitrators choose or ignore such precedents as they see fit. The UDRP should be scrapped for any number of reasons, using your freedom of speech rights to advertise poconosports.com does nothing to advance that aim. -g
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Have you even read this decision? You seem to be completely missing the point. The panellist in that case was making the point that the Respondent had focussed on the fact that the domain name was not confusingly similar to the Complainant's mark, when what he should be focussing on was that he had a legitimate right to use the domain name (eg. he had a point to make - he didn't) and/or that the name wasn't registered or used in bad faith (eg. he was entitled to use the mark in the domain name as he had a legitimate point to make, regardless of the merits of that point).
In all your whinging none of you deal with the point made in both the Phillips and VivendiUniversal cases that someone who does not speak English as their first language may well recognise the mark but not the use of the "sucks" suffix. I am glad that both cases involved the use of English panellists. From what I see of the postings on this site, some Americans don't seem to understand that there are people in the world who don't actually understand English. At least we are used to dealing with foreign languages in our European context.
In PhillipsSucks, if the Respondent had used the domain name to say something - anything - about Phillips then he would have a case to make. He could argue that he was a legitimate user and is not making bad faith use. The problem for him was that he was not a legit user, and he was found to be making bad faith use. The panellist considered whether the Respondent was making good faith non-commercial use of the domain name and concluded on the evidence before him that he was not. That's what arbitration is all about.
What I object to is this theory used by some panellists that using a mark in a -sucks domain name is effectively competing with the mark in question and therefore bad faith. THAT is what prevents free speech, but that is NOT what PhillipsSucks was all about....
mjr
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