[Random-bits] WIPO confused over "sucks" in domain name

[James Love]

Here is an example of the twisted WIPO assertion that consumers will
confuse "sucks" sites with the trademark owner's own domain.  Jamie

http://arbiter.wipo.int/domains/decisions/html/d2000-0681.html

The Respondent's registration, consisting of the Complainant's name with
the suffix, "sucks" (plus ".com"), is not identical to the Complainant's
marks and the question arises whether the registration is confusingly
similar to those marks. 

Given the apparent mushrooming of complaints sites identified by
reference to the target's name, can it be said that the registration
would be recognised as an address plainly dissociated from the
Complainant? In the Panel's opinion, this is by no means necessarily so.
The first and immediately striking element in the Domain Name is the
Complainant's name and adoption of it in the Domain Name is inherently
likely to lead some people to believe that the Complainant is connected
with it. Some will treat the additional "sucks" as a pejorative
exclamation and therefore dissociate it after all from the Complainant;
but equally others may be unable to give it any very definite meaning
and will be confused about the potential association with the
Complainant. The Complainant has accordingly made out the first element
in its Complaint. (See the rather similar conclusion on this Element in
Case D2000-0477 (walmartcanadasucks.com etc.)). 


-- 
James Love, Consumer Project on Technology
v. 1.202.387.8030, fax 1.202.234.5176
love@cptech.org, http://www.cptech.org