April 06, 2005

Another "-sucks.com" case ruled in favor of the respondent

Paul Petrovich & Petrovich Development Company and Petrovich, Inc. submitted a complaint to the NAF, because of the use of petrovichsucks.com.
The panel found "that the petrovichsucks.com domain name is not confusingly similar to Complainant’s Petrovich or Petrovich Development Company marks because no reasonable person would conclude that a real estate developer would use a mark of that kind to promote his services. The obvious impression from the domain name is that it exists for the purpose of criticism of Petrovich. See Robo Enter., Inc. v. Tobiason, FA 95857 (Nat. Arb. Forum Dec. 24, 2000); see also Lockheed Martin Corp. v. Parisi, D2000-1015 (WIPO Jan. 26, 2001)."

Decision [Spotted on UDRP Law]

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