Using "Suck" With Competitor's Name in Domain Name To Sell Competing Computer Products Showed Bad Faith

Case: Dell Inc. v. Innervision Web Solutions, Claim No. FA0503000445601 (National Arbitration Forum, 5/23/05)

One Sentence Summary: Adding "suck" to the phrase "dell computer" to create the domain name "dellcomputerssuck.com" was not enough to avoid a finding of bad faith registration and use of the domain name, where the website directed Internet users to another site that sold computer equipment in competition with Dell Computer.

National Arbitration Forum Findings:

• Complainant Dell sought relief based on Innervision having registered the domain name "dellcomputerssuck.com," and used that name to sell competing computer equipment.
  
• The matter was submitted for arbitration pursuant to the Rules for Uniform Domain Name Dispute Resolution Policy. Under the Policy, the Forum was required to determine whether the name was confusingly similar or identical, whether the Respondent had any rights or legitimate interest in the use of the name, and whether the name was registered and used in bad faith.
  
• The Forum reviewed domain name decisions where "sucks" had been added, finding that in the majority, adding the term to a well-known trademark did not defeat a finding of confusing similarity. Here, since Innervision sold computers in competition with Dell, the domain name was confusingly similar.
  
• Innervision argued it had a legitimate interest in using the name, because after receiving a cease and desist letter from Dell, it changed the website to a "protest site" criticizing Dell (whereas before it had directed visitors to a site selling competing computer equipment). The argument was rejected, because for the entire prior existence of the site, it was used to compete with Dell, not as a "protest site."
  
• Finally, Innervision was found to have registered and used the site in bad faith, in part because it was clearly aware of Dell's prior trademark, it was in the computer business and bought and sold domain names, and its response to Dell's cease and desist letter was to state "if they want the domain, they can buy it from me."
  
• Given that the three elements under the ICANN policy were established, Innervision was ordered to surrender the domain name to Dell.