A WIPO panel ordered the domain name vivendiuniversalsucks.com to be transferred to Vivendi. Sallen registered the domain name vivendiuniversalsucks.com., and Vivendi sent Sallen a cease and desist letter. Sallen refused, claiming that the website was used to legitimately criticize the business practices of Vivendi Universal. Noting that there is disagreement among WIPO panels concerning "sucks" cases, the panel held that the domain name was confusingly similar. The panel cited examples of [trademark]sucks.com that do not clearly indicate that the domain name is not affiliated with the trademark owner. In addition, the panel noted that many Internet users are not native English speakers and might easily associate [trademark]sucks.com with the trademark owner. The panel also concluded that Sallen's free speech claim was concocted after he had received the cease and desist letter from Vivendi. As such, the panel order the transfer of vivendiuniversalsucks.com to Vivendi Universal. One panel member dissented from the decision.
Decision at http://arbiter.wipo.int/domains/decisions/html/2001/d2001-1121.html
Keywords: trademark, cybersquatting, domain names, international
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