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.
