February 03, 2007

New "sucks" case

The language factor is once again taken into account (but partly) in a "sucks+name" decision. It is ruled that tmobilesucks.ws is confusingly similar to the plaintiff's trademark. The panel referred to a previous Case in which a Panel reasoned that “not all internet users are English speakers or familiar with the use of “sucks” to indicate a site used for denigration or criticisms.”
WIPO DWS2006-0001

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