Earlier this week, NAF Panelist Sandra Franklin issued two decisions involving sucks names. In both cases, the registrants had been former employees of the Complainants' companies. And in each case, the registrants failed to show up and defend their names.
Naturally, Panelist Franklin ordered transfer to the Complainants. You guys can read the decisions here: http://www.arbforum.com/domains/decisions/133637.htm and http://www.arbforum.com/domains/decisions/134653.htm.
Compare this with WIPO's Nov. decision in the ASDAsucks.net case: http://arbiter.wipo.int/domains/decisions/html/2002/d2002-0857.html . Same facts, registrant failed to file a response. But in the WIPO case, Panelist Tony Willoughby said "the Panel is unable to accept that 'a substantial number of people are likely to be confused about the potential association of the Domain Name with the Complainant ..' The Panel believes that by now the number of Internet users who do not appreciate the significance of the ââ¬Ë-sucksââ¬â¢ suffix must be so small as to be de minimis and not worthy of consideration. The Panel notes that the Complainant puts forward no evidence to substantiate that contention. The Panel believes that Internet users will be well aware that a domain name with a ââ¬Ë-sucksââ¬â¢ suffix does not have the approval of the relevant trade mark owner."
Come on. If you own a sucks domain and you get a UDRP, show up and defend it. There are plenty of writers on this board who can help. I agree with Willoughby's statement on this- by now, enough Internet users should know that "sucks" isn't likely to confuse Internet users that the site is authorized and official.
Naturally, Panelist Franklin ordered transfer to the Complainants. You guys can read the decisions here: http://www.arbforum.com/domains/decisions/133637.htm and http://www.arbforum.com/domains/decisions/134653.htm.
Compare this with WIPO's Nov. decision in the ASDAsucks.net case: http://arbiter.wipo.int/domains/decisions/html/2002/d2002-0857.html . Same facts, registrant failed to file a response. But in the WIPO case, Panelist Tony Willoughby said "the Panel is unable to accept that 'a substantial number of people are likely to be confused about the potential association of the Domain Name with the Complainant ..' The Panel believes that by now the number of Internet users who do not appreciate the significance of the ââ¬Ë-sucksââ¬â¢ suffix must be so small as to be de minimis and not worthy of consideration. The Panel notes that the Complainant puts forward no evidence to substantiate that contention. The Panel believes that Internet users will be well aware that a domain name with a ââ¬Ë-sucksââ¬â¢ suffix does not have the approval of the relevant trade mark owner."
Come on. If you own a sucks domain and you get a UDRP, show up and defend it. There are plenty of writers on this board who can help. I agree with Willoughby's statement on this- by now, enough Internet users should know that "sucks" isn't likely to confuse Internet users that the site is authorized and official.
