[Random-bits] UDRP: "STOPCOMPUSA.COM" and "BANCOMPUSA.COM"

[James Love]

Thanks to Judith Oppenheimer's newsletter for the pointer to this good
UDRP decision.

"STOPCOMPUSA.COM" and "BANCOMPUSA.COM"

http://www.arbforum.com/domains/decisions/95082.htm

Complainant has failed to show that any of the three elements of Policy
Paragraph have been violated. First, there is absolutely no confusion or
similarity, much less identity, between the domain names and the
trademarks held by Complainant. No one could confuse "COMPUSA", or
anyone of the registered trademarks, and "STOPCOMPUSA.COM" and
"BANCOMPUSA.COM".

         Complainant has also failed to show that Respondent has no
rights or legitimate interests in the domain names. Respondent's rights
clearly exist under the First Amendment. His right to offer criticism of
the goods and services provided by Complainant are as legitimate as any
commercial activity.

         Finally, there is simply no evidence of "bad faith" as that
term is defined at Policy Paragraph 4(b). 

         Respondent has not registered the domain names for the the
purpose of selling the name to the Complainant or a competitor; he has
not registered the names to prevent the Complainant from registering the
names; he has not registered the names for the purpose of "disrupting
the business of a competitor" - yes, he has registered the names for the
purpose of disrupting the business of Complainant, but he is not a
competitor.

         He is a commentator, if anything. Lastly, Respondent has not
attempted to attract internet users "for commercial gain" by use of a
confusing domain name. There is certainly no commercial use here and no
confusion concerning the Respondent?s purposes.

   [snip]


-- 
James Love  mailto:love@cptech.org http://www.cptech.org
Consumer Project on Technology, P.O. Box 19367, Washington, DC 20036
voice 1.202.387.8030  fax  1.202.234.5176