Calvin Klein just lost a UDRP In Attempt To a gain control of the domain name FuckCalvinKlein.com with the domain owner using a pretty unique argument to keep control of the domain name that was parked.
The Domain holder responded to the UDRP arguing that he” does not believe any consumer could reasonably believe that the best route to finding Complainant’s goods on the Internet is by entering fuckcalvinklein.com into a web browser”.
“Respondent registered the domain name to be used in the future as a protest site within a larger scheme of registering other domain names that include famous trademarks preceded by the word “fuck” so as to create a network of easily identifiable protest sites”.
However, Respondent admits that he is not yet using the fuckcalvinklein.com domain name.
He is only “preserving its potential as a site for the consumer’s voice, while a much better alternative is found.”
The domain holder went on to argue,
“it is ludicrous to imagine that I am going to triumph in any legal tussle with someone of David’s [counsel for Calvin Klein] caliber. ”
“Asked to wager between a highly trained and skilled IP lawyer such as David, and a fat, bald, 58-year-old, semi-retired Parish Councillor who has three unruly children, a Retriever who refuses to retrieve and a permanently aloof cat who has treated us all like servants for the past 16 years, I know precisely where I would place my money. And it wouldn’t be on me. …”
R. Glen Ayers, Panelist agreed that the domain name is not confusingly similar to Complainant’s CALVIN KLEIN mark under Policy ¶ 4(a)(i), because the term “fuck” provides an indication that Respondent is not affiliated with Complainant and the Internet user entering the domain name could not possibly expect Complainant to be, or desire to be, affiliated with such a domain name.
Because the Panel concludes that Complainant has not satisfied Policy ¶ 4(a)(i),the Panel declines to analyze the other two elements of the Policy.”
According to UDRPSearch.com this is the first time out of 12 UDRP where the domain owner of a trademark starting with the word “fuck” won the case.
In all 11 other cases the domain was either ordered transferred or the domain holder transferred the domain with the trademark holder withdrawing their complaint.
Indeed, the Respondent owns 50 fuck* domains, except for his own name 😀 Maybe Calvin Klein can do something about that 😀
This is the way to apply the rules, and laws. It’s not complicated. As a matter of fact, for the fact that internet protocol contains at least 2 dots, 3 dubya’s, http, some slashes, sometimes dashes, colon, etc., it has nothing to do with any mark that doesn’t bear such quantities. If an entity wants a name, they should register or acquire it.
This Panelist is a true jurist.
Some of the registrations include:
FuckStarbucks.com
FuckPepsi.com
FuckConverse.com
All registered on 2/14/2014 – I guess he had a miserable Valentine’s day.
The W’s of journalism, Mike. Who is “David’s [counsel for Calvin Klein]”?
David S Lipkus of Kestenberg Siegal Lipkus LLP, Ontario, Canada
great decision. i have bookmarket it for future UDRP. it can be handy…
@jose – I agree, make sure you gain a lot of weight and lose your hair first, before registering a domain with “fuck” as the first word and a tm as the second; you might run out of luck though when the same panelist doesn’t get picked for the UDRP.
On another note, goNike.com was just lost to the obvious tm holders, NIKE.
Any wannabe domainer that thinks it’s right to own a name such is promoting pure slander!
I seriously doubt the wellbeing of one owning such names, I really do; Where is it going to lead you? And this is so typical of the law and the UDRP grey suits, in that the system is a farse.
Just put the shoe on the other foot – FuckUDRP.com Still available…Who’s got the cojones?
So many people are jealous of large corporations – business is business; Albeit some have been immoral in their business during times, but it does not give anyone the right to own a name that can harm a companies reputation. And I pity the UDRP process in not identifying it!
True, if any company has been immoral in business, and discovered, this is resolved through the court of law, again another scenario.
@Crosby,
Over here we believe in people having the right to speak, even when we disagree with their speech. Of course it’s loony registering such names, but it’s one one of those freedom of speech irritants.
@Clature
It’s Mr. Crosby to you.
In the UK, we live in a democratic society too, and have free speech.
Yes, I believe the US is protected by the First Amendment regarding freedom of speech.
No. I don’t believe this case is one of those freedom of speech irritants, as you have stated. For example; “Slander” is prohibited from freedom of speech.
Mr Crosby,
Yes, you’re right that It could be slander, only if it’s false. You are not permitted to stop slander before it happens; that will be infringing on that First Amendment that you spoke of.
Democracy is government of the people, by the people, for the people; if you live where the people are sovereign, can elect their head of state on a regular, appointed basis, say 3, 4, 5, 7, 10 year interval, where no one is privileged above the other because of their blood-line or family background, where there is a written constitution, or a monarchy, or inherited titles of official duty, then you live in a democratic society.
CORRECTION: Where there is NO monarchy, or inherited titles of official duty, then you live in a democratic society.
Calvin Klein is corporate bullying my antibully brand FTCK! They are trying to prevent me from owning the trademark to my brand. I could totally use this fuckcalvinklein.com website to raise awareness on how fortune 500 companies with infinite means to money & teams of lawyers try to bully the small entrepreneur!
http://Www.gofundme.com/nobullyzone