September 19, 2005

NAF panel: UDRP article 4 does not apply to a "sucks.com" case

In a recent "sucks.com" decision (this one over kbhomesucks.com), a NAF panel found that "the addition of the term “sucks” to the kbhomesucks.com domain name eliminates the possibility of confusion”, "that Respondent has rights or legitimate interests in the domain name because it is making a legitimate noncommercial or fair use of the domain name pursuant to Policy ¶ 4(c)(iii)", and that "[s]ince Respondent has rights or legitimate interests in the kbhomesucks.com domain name pursuant to Policy ¶ 4(a)(ii), the Panel finds that Respondent did not register or use the domain name in bad faith pursuant to Policy ¶ 4(a)(iii)". Usually, in such cases, the panels only consider the question of confusion, and do not go further.

KB Home v. RegisterFly.com- Ref# 9323034 c/o Whois Protection Service- ProtectFly.com, NAF 506771, August 30, 2005,

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