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US bank Wachovia Corporation is now the proud owner of the domain name wachovia-sucks.com, together with two similar names, following an arbitrator's ruling. But the ruling accepted that 'sucks' domains can be protected if they relate to protest sites.
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Franklin noted that in this case there was no protest site, or even preparations to establish one. Instead, the domain names led to rival financial products and services.
So, while some 'sucks' domains were protected under free speech rights, the mere fact of having a 'sucks' domain did not create that protection.
Instead, said Franklin:
"one must look to the content of the web site to determine if there is an exercise of free speech which allows the Respondent to rely on the fair use exception. To do otherwise would legitimise cybersquatters, who intentionally redirect traffic from a famous mark, simply through the use of a derogatory term".
Source: http://www.out-law.com/php/page.php?page_id=bankwinssucks1066211981&area=news
Good to know if you own any protest domains! DEVELOP THEM!
