KohlerSucks.com saved at National Arbitration Forum.
Kohler Co., which does everything from manufacture toilets to develop golf resorts, should read up on domain arbitration rules prior to filing its next request under UDRP. Domain attorney Howard M. Neu helped the owner of KohlerSucks.com defend the domain name against a frivolous complaint by the Kohler conglomerate.
In a concise and perfectly clear decision, an arbitrator ruled:
Complainant has failed to provide evidence, as opposed to arguments and citations, demonstrative of bad faith use and registration of the subject domain, and thus, has failed to meet its burden of proof. No evidence of commercial use of the domain has been submitted. No evidence which would show any intent by Respondent other than to voice its displeasure with Complainant has been provided; any issues as to violation of the rights of a third party with respect to unauthorized “framing†of the Better Business Bureau website, assuming that it in fact occurred in violation of the Bureau’s policy, this fact cannot inure to the benefit of Complainant where the purpose for such a referral is noncommercial and is for free speech expression purposes. The “sucks†suffix would create an initial impression of a complaint website that is unaffiliated with Complainant, and when coupled with a link to a better business bureau website, would reinforce this fact and be viewed as a vehicle for enabling visitors to voice complaints.
Surely Kohler read up on previous “-sucks.com” cases before going after this domain? Maybe the company needs to flush its lawyer down the toilet.
ActNow says
What a bunch of crap !!
Sorry, I just had to insert that.
Fortunately, the domain owner had one of the excellent IP lawyers. Howard was – johnny on the spot.
It’s good that some domainers are winning against reverse hi-jackers.
Johnny says
So….I suppose you could say Kohler’s crap is Howard’s bread and butter. 🙂
Sorry….just had to say it. 🙂
Steve M says
My bet; though I hope I’m wrong; is this is only round one…as Kohler may file suit over this one…trying for a “second flush,” as it were.
David Lahoti says
This is not the first time Kohler lost.
They also lost kohler-engines.com
kohlercommand.com:
http://www.udrpsearch.com/index.php?query=Kohler&search=2
-David
Honest Guy says
“Complainant has failed to provide evidence, as opposed to arguments and citations…”
Could there be a more damning statement given the circumstances: (1) an attorney’s obtaining of its yearly retainer–and seeking to immediately expend it (see filing-date), (2) a Complainant seeking to use the UDRP to harass and incur cost for a Respondent–without merit, and (3) a Complaint that is clearly devoid of any proof to support such a frivolous claim.
The arbitrator is AV-Rated with Martindale…