Use of word "Fake" in a domain name

[domaingenius]

Does anyone know if there is any case law/wipo "law" regarding the use
of the word "Fake" in a domain name ?. For example, say one was to use
"Fake"WellKnownBrandShoes" would that be a problem if it did NOT sell shoes ?.

Surely it cannot be deem passing off if it says "Fake" ?.

DG

 

[caper5]

I am no lawyer, but it sounds like you would be using a trademarked name to make a profit. Seems like an infringement to me. Can't get more bad faith than that.

 

[dn-101]

No sweat
Plenty of examples of GMsucks, BushSucks, etc::

http://www.****zagat.com/

 

[Sonny Banks]

PutinSucks.com is legit? :lol:

 

[jberryhilljberryhill is verified member.]

You know, both the NAF and WIPO offer straightforward search interfaces for domain decisions.

http://www.wipo.int/amc/en/domains/decisions/html/2004/d2004-0871.html

The website “www.faketagheuer.com” automatically links the visitor to the website “www.thehottestnews.com”. On this website fake watches of several well-known trademarks (such as CARTIER and ROLEX) are sold. On this website, a hyperlink is active which directs the visitor to the website “www.deluxefashion.com”. On this website one can order fake TAG Heuer watches which are considerably cheaper than the original TAG Heuer watches of the Complainant. As the sale of fake watches (certainly for low prices) may cause considerable damage to the trademark rights and legitimate business interests of Complainant, the Panel finds that the Respondent has registered the domain name <faketagheuer.com> for the purpose of disrupting the business of TAG Heuer.

 

[BELLC1]

I have FakeDick.com and no one has complained.

 

[draggar]

No sweat
Plenty of examples of GMsucks, BushSucks, etc::

Actually, TMSucks domains have been won and lost though cases, some companies are more successful while others aren't with the ruling stating that the TMSucks site made it clear that they were not TM, affiliated with TM or had any association with them whatsoever and were allowed to continue their gripe sites.

But, FakeTM is different. For example, FakeRolexes.com - what would you do with it? Would you have a site up selling fake watches or teaching people how to spot a fake? I think usage would go a very long way here.

 

[domaingenius]

Thanks John. That does it I am cancelling the domain.

DG

You know, both the NAF and WIPO offer straightforward search interfaces for domain decisions.

http://www.wipo.int/amc/en/domains/decisions/html/2004/d2004-0871.html

The website “www.faketagheuer.com” automatically links the visitor to the website “www.thehottestnews.com”. On this website fake watches of several well-known trademarks (such as CARTIER and ROLEX) are sold. On this website, a hyperlink is active which directs the visitor to the website “www.deluxefashion.com”. On this website one can order fake TAG Heuer watches which are considerably cheaper than the original TAG Heuer watches of the Complainant. As the sale of fake watches (certainly for low prices) may cause considerable damage to the trademark rights and legitimate business interests of Complainant, the Panel finds that the Respondent has registered the domain name <faketagheuer.com> for the purpose of disrupting the business of TAG Heuer.