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hellstrom

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Let's say I own mcdonalds.com and put up a site which randomly choose a review(positive or negative) of a visit to a Mcdonalds restaurant and displays it on the frontpage.
The visitors will be able to send me reviews and I put them in the database.
Could I lose the domain for doing this?
 

GiantDomains

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yes.
 

LewR

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Originally posted by GiantDomains
yes.

That is a 'down and dirty' simplified response...LOL

I've seen evaluation sites, fan sites, review sites - etc. win UDRPs - I don't have them in front of me. Even sites like McDonaldsSucks.com and McDonaldsMakesYouFatAndStupid.com are protected through free speech as long as the materials on them are true/real and do not represent slander/libel..

There is no straight line in the sand on this issue, and if you receive a C&D, then you can decide along with your attorney if you will fight it out or not.

That is why many companies try to buy such sites in advance of a full blown site being established.

These are all one setup - but see:
http://www.ATTsucks.com
http://www.FedExSucks.com
http://www.ICAANsucks.com

JMHO
 

Garry Anderson

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Example on March 10, 2003:

http://arbiter.wipo.int/domains/decisions/html/2003/d2003-0035.html

Case No. D2003-0035, where besiktas.com is being used as fan site. The Complainant is a sporting association organised in Istanbul. It carries out activities in a number of sporting fields and, in particular, plays football as the "Besiktas" football team.

Decision:

7.4 The Complainant has not established that the Domain Name has been registered and is being used in bad faith within the meaning of paragraph 4(a)(iii) of the Policy.

7.5 Accordingly, the Panel declines to uphold the Complaint. No action is necessary to implement the Panel's decision.

Fan site wins - freedom of speech prevails.
 
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