Calvin Klein was unable to select an abusive domain
Recently, one of the most popular clothing manufacturers Calvin Klein lost the domain rights dispute FuckCalvinKlein.com
The owner of the parked domain led quite unusual arguments in his defense. He believes that no user will go to the domain fuckcalvinklein.com in order to buy their products. Therefore, this domain cannot be considered registered for the purpose of using another brand, and its owner is not a cybersquatter. He also drew attention to the fact that the domain is now not used at all.
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In the future, he said, he is going to create a convenient network of sites devoted to the criticism of goods and services of large companies, on which dissatisfied consumers will be able to express their opinions, and for this he will register the relevant domains in advance. All of them have a similar and intuitive structure: the word “fuck” and the name of a large brand.
A member of the WIPO Commission, Glen Eyrs, supported the owner. He does not consider the FuckCalvinKlein domain name identical to the Calvin Klein trademark. The word “fuck” has no connection with the activities of the plaintiff and is not intended to attract buyers to purchase its products.
Therefore, the complaint of Calvin Klein and his demands to transfer to the company the rights to the disputed domain were denied
Interestingly, this is probably the first time that a domain with the word “fuck” and the name of a large brand has remained with the owner as a result of the dispute. In 11 other well-known disputes, companies managed to select similar domains through the UDRP procedure.
The owner of the parked domain led quite unusual arguments in his defense. He believes that no user will go to the domain fuckcalvinklein.com in order to buy their products. Therefore, this domain cannot be considered registered for the purpose of using another brand, and its owner is not a cybersquatter. He also drew attention to the fact that the domain is now not used at all.
')
In the future, he said, he is going to create a convenient network of sites devoted to the criticism of goods and services of large companies, on which dissatisfied consumers will be able to express their opinions, and for this he will register the relevant domains in advance. All of them have a similar and intuitive structure: the word “fuck” and the name of a large brand.
A member of the WIPO Commission, Glen Eyrs, supported the owner. He does not consider the FuckCalvinKlein domain name identical to the Calvin Klein trademark. The word “fuck” has no connection with the activities of the plaintiff and is not intended to attract buyers to purchase its products.
Therefore, the complaint of Calvin Klein and his demands to transfer to the company the rights to the disputed domain were denied
Interestingly, this is probably the first time that a domain with the word “fuck” and the name of a large brand has remained with the owner as a result of the dispute. In 11 other well-known disputes, companies managed to select similar domains through the UDRP procedure.
Source: https://habr.com/ru/post/220395/
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