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Guinness Beer Really Sucks

Posted by jamie on Tue Oct 31, 2000 04:30 PM
from the don't-say-revenge-don't-say-revenge dept.
I'm working on a story about WIPO and how it takes domains away from their owners. But today's example is egregious enough that I'm just going ahead and telling you about it now. Some guy who was annoyed with Guinness beer registered a slew of domain names like guinness-really-sucks.com. Guinness paid WIPO their $2000 and took them all away. Why? Because "guinness-really-sucks" is "identical or confusingly similar to" their trademark on the word "Guinness." Excuse me?

Originally, the domain name system was first-come-first-served, and that worked pretty well. But corporations got trademark powers extended by having them formally built into the domain name arbitration process. Now, trademarks are a minefield.

And the mines are getting more powerful. If you're wondering how anyone but a blithering idiot could possibly confuse "Guinness Really Sucks" with Guinness itself, you're not alone.

The precedent here is the case of Wal-Mart Stores Inc. vs. "Walsucks." In that case, there were two things that led WIPO to determine that there was a likelihood of confusion. First, "the strength of the WALMART trademark."

And second -- interestingly -- the "intent in selecting the domain names."

Proving trademark strength is simple, a corporation just trots out its list of how many millions of dollars it's spent on ad campaigns, and how many devoted customers it has.

And in this case, proving the owner's intent was easy too. He made the mistake of getting mad at Guinness (ironically, about a previous domain case) and being foolish enough to say so. He posted on an old website:

I tell you, I was so upset when I got this STUPID ASS LETTER from the GOOFBALL JACKASS LAWYERS at guinness beer, that I went to register the domain name, GUINNESSSUCKS.COM, but guess what, that domain name is already owned by someone. Guess who. That's right. Guinness beer owns it themselves. I'm glad I'm not the only one who thinks they suck. THEY THINK THEY SUCK THEMSELVES!! ... So anyway I did go and register a few names about guinness beer and pillsbury. Tell me what you think....Coming Soon to a website near you!!

You may be saying, so what? Who cares whether he was angry or not? Doesn't he have a right to protest a corporation regardless of his emotional state?

You might think so, but you'd be wrong. His thoughtcrime is a big part of why these domains were taken away. The argument that Guiness put before WIPO was that "the Respondent admitted ... that he registered the [domain names] because he was angered."

Therefore, said Guinness, "the registration of the [domain names] was done in bad faith" -- which is the main thing needed to take a domain away from someone -- "and not for a legitimate purpose, rather Respondent's intent is to harass the Complainant."

I wish I could tell you that WIPO told Guinness to shove this attitude where the sun doesn't shine, and that even ordinary citizens have the right to say that some precious corporation sucks.

They didn't, of course. In their decision, they reference the owner's anger and then simply say that they "accept that the Complainant has made out a prima facie case that the Respondent registered said domain names with the intention of harassing the Complainant."

To them, anger means bad faith and no legitimate purpose, which are the key phrases that WIPO needs to assert before they take a domain away.

There are some kinds of speech corporations don't want to allow on this little thing we call the internet. In the new domain name system, it's not a "legitimate purpose" to say that a company sucks. Especially if you are one of those angry people who doesn't understand how great Guinness beer is. Sorry. Go find another domain, loser.

WIPO went on to point out was that there may be some non-English-speaking readers who may not be familiar with the word "sucks." These people might be confused as to whether they were looking at the Guinness homepage or not. Therefore the test of trademark confusion was met. I am not kidding.

Although Guinness "has not submitted any evidence of such confusion," they don't even need to: "it is unrealistic to require such evidence."

Here's the list of really confusing domains. Someone tell me how these URLs could be mistaken for the Guinness beer website:

guinness-really-sucks.com
guinness-really-really-sucks.com
guinness-beer-really-sucks.com
guinness-beer-really-really-sucks.com
guinness-sucks.com
guinnessreallysucks.com
guinnessreallyreallysucks.com
guinnessbeerreallysucks.com
guinnessbeerreallyreallysucks.com
guinness-beer-sucks.com
guinnessbeersucks.com

It gets worse. I might search on Guinness and turn up a "-sucks" website, and then I might actually be curious and click on it, thereby depriving the real Guinness of my eyeballs. Again, I am not kidding. This is actually part of the reason the domains were taken away from their owner.

I'll write some more about this later, maybe next month. If you know anyone who feels like their domain name was unfairly taken away, please have them contact me.

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  • Boycott (Score:3)

    by Zalgon 26 McGee (101431) on Tuesday October 31 2000, @11:34AM (#659593)
    Painful as it is for me (I'm a stout fan), the best way is to hit them in the pocketbook. Let them know why you're rejecting their products as well - in a calm, inteligent and intelligible manner.

    No more Guiness... sigh...

  • FuckGuiness (.com) by LaNMaN2000 (Score:1) Tuesday October 31 2000, @11:35AM
  • by jms (11418) on Tuesday October 31 2000, @11:36AM (#659595)
    Of course, the fact that he never even bothered to reply to ICANN might have had something to do with this. Generally, if you want to preserve your rights, you should make a minimal effort to do so.

  • -1, Flamebait by jawtheshark (Score:2) Tuesday October 31 2000, @11:36AM
  • by n3rd (111397) on Tuesday October 31 2000, @11:36AM (#659597)
    I've been wondering about this issue since 2600 brought it up with the whole verizonsucks.com thing. For those of you who don't know, 2600 found it entertaining that Verizon purchased loads of "anti-Verizon" domains such as verizonsucks.com. So, 2600 purchased verizonreallysucks.com and got hit with a cease and disist.

    Anyway, with these kinds of things going on, how can consumers and activists make use of the .sucks top level domain that was proposed by ICANN? I don't enjoy Microsoft, so I scoop up microsoft.sucks when the new domains come out, and what happens? More than likely, Microsoft will sue me for trademake infringment.

    I guess my question is how can we (consumers) make use of the .sucks domain (and domain names like the ones in this article) without getting in trouble?
  • Guiness & trademarks by jpm242 (Score:2) Tuesday October 31 2000, @11:37AM
  • Guinness!!! by Dr_Bones (Score:1) Tuesday October 31 2000, @11:37AM
  • One possible explanation by MAXOMENOS (Score:2) Tuesday October 31 2000, @11:37AM
  • how about other variations by rjreb (Score:1) Tuesday October 31 2000, @11:37AM
  • by jms (11418) on Tuesday October 31 2000, @11:37AM (#659602)
    Ok, I'm an idiot. WIPO, not ICANN.
  • Looks like I'm screwed then, eh? by Pizza (Score:1) Tuesday October 31 2000, @11:38AM
  • Nectar of the gods (Score:3)

    by BigEd (6405) <togdon@easystreet.com> on Tuesday October 31 2000, @11:38AM (#659604) Homepage
    As much as I despise censorship on the Internet, I find it blasphemous that anyone would even suggest that Guinness could suck. Guinness is the nectar of the gods. In fact, I think I'll go register guinness-is-the-best-god-damn-beer-ever.com [guinness.com], oh wait, that'd probably be "identical or confusingly similar to" their trademark on the word "Guinness." Oh well. :)
  • by Fat Rat Bastard (170520) on Tuesday October 31 2000, @11:39AM (#659605) Homepage
    Better yet, each person registers one domain name. I may be wrong here (and please correct me if I am) but they'd have to pony up their $2000 for each person, correct? Hell, make 'em spend a few hundred thousand to get "thier" sites back

    Sigh... and I do so love Guinness Beer.

    Nathan

  • Satire? How will it survive? by eeks (Score:1) Tuesday October 31 2000, @11:39AM
  • What about... (Score:4)

    by JoeShmoe (90109) <askjoeshmoe@hotmail.com> on Tuesday October 31 2000, @11:39AM (#659607)
    guinness-really-sucks-and-this-isnt-their-website. com?

    or...

    guinness-really-sucks-and-i-am-not-angry-about-t his.com?

    or...

    guinness-never-learned-sticks-and-stones-may-bre ak-my-bones-but-words-will-never-hurt-me.c om

    Feh. I'm going out right now and registering guinness-tastes-like-sh*t.com but then again, it might already be taken.

    Might I suggest a massive registration rally in protest followed by massive search engine submissions?

    - JoeShmoe

    -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= -
  • No response filed! (Score:4)

    by Brian See (11276) <bsee.spelloutmyrealname@com> on Tuesday October 31 2000, @11:39AM (#659608)
    If you read the decision, you'll notice that the domain owner never filed a response to Guinness. This is the legal equivalent of rolling over and playing dead. If you don't even bother to put up a fight, you'll lose.

    Because the domain owner never responded, the panel had nothing to go on but what Guinness told them. So, for instance, according to the panel:

    There is no evidence before this Administrative Panel that the Respondent intends to use the said domain names as the addresses or links to any sites which could be described as "complaint sites". For this reason the issues canvassed in any of the decisions relating to free speech are not relevant in this case.

    While this seems to go against common sense, that's what happens when the panel only hears one side of the argument. Just another result of the adversarial legal system, I suppose...
  • Maybe it was Redhat 7? by MisterPing (Score:1) Tuesday October 31 2000, @11:39AM
  • No more Guinness for me, time to find a new stout by Gurny (Score:1) Tuesday October 31 2000, @11:40AM
  • Uh... duh? by Cellshade (Score:1) Tuesday October 31 2000, @11:40AM
  • He registered a slew of domain names just to annoy Guiness.

    What he *should* have done is created an anti-guiness site, and directed URLs to it. *then* he'd have a case.

    Apparantly, he didn't. He didn't "make a web site to say that Guiness sucks", he "registered a bunch of domian names just to needle Guiness."
  • What's the equivalent? by Snowfox (Score:1) Tuesday October 31 2000, @11:41AM
  • Well ... by mrfiddlehead (Score:1) Tuesday October 31 2000, @11:41AM
  • [ot] clarification by luge (Score:1) Tuesday October 31 2000, @11:41AM
  • Screw you hippy! by TheBahxMan (Score:1) Tuesday October 31 2000, @11:42AM
  • Try another stout by dmatos (Score:2) Tuesday October 31 2000, @11:42AM
  • Missing Eyeballs (Score:3)

    by interiot (50685) on Tuesday October 31 2000, @11:42AM (#659618) Homepage
    I might search on Guinness and turn up a "-sucks" website, and then I might actually be curious and click on it, thereby depriving the real Guinness of my eyeballs. Again, I am not kidding. This is actually part of the reason the domains were taken away from their owner.

    If this argument were taken just a teeny bit further, they could argue that when a user searches for "Guinness", the only pages that should show up are Guinness's own pages. No Guinness fan pages should show up. No parody sites. No fair use.
    --

  • Name by MattLesko (Score:1) Tuesday October 31 2000, @11:42AM
  • the arbiters by jargon (Score:2) Tuesday October 31 2000, @11:42AM
  • Can someone expound on WIPO? by John Jorsett (Score:1) Tuesday October 31 2000, @11:42AM
  • email address by ragnar! (Score:1) Tuesday October 31 2000, @11:43AM
  • Just like guinesssucks.com by at0m (Score:2) Tuesday October 31 2000, @11:43AM
  • .sucks would never work. by blogan (Score:1) Tuesday October 31 2000, @11:43AM
  • on who is sucking by marpeck (Score:1) Tuesday October 31 2000, @11:43AM
  • by Accipiter (8228) on Tuesday October 31 2000, @11:43AM (#659626)
    This reminds me of the Veronica.Org dispute.

    A proud daddy registered a domain for his 2 year old daughter, Veronica. It was a website where he had some pics of his little girl online. Pretty simple.

    Then Archie Comics deciced it was rightfully theirs, because one of their characters is named "Veronica".

    "We had Veronica.com registered, and these people didn't want to give up the [Veronica.org] name for some reason," said Michael Silberkleit, publisher of Archie Comics.

    Well Gee! Maybe he wants to keep the domain "for some reason", perhaps for his DAUGHTER?!

    Interestingly enough, Veronica.Org doesn't exist, however the whois entry still shows the father owns it. Good.

    If you're interested in the details regarding this specific incident, head here:

    http://news.cnet.com/news/0-100 5-2 00-337433.html [cnet.com]

    -- Give him Head? Be a Beacon?

  • Re:Looks like I'm screwed then, eh? by T3kno (Score:1) Tuesday October 31 2000, @11:44AM
  • guiness is trademarking their suckiness by TheKodiak (Score:2) Tuesday October 31 2000, @11:44AM
  • That SUCKS by aicra (Score:1) Tuesday October 31 2000, @11:44AM
  • Wow by RandomPeon (Score:1) Tuesday October 31 2000, @11:44AM
  • What about Guinness? by ccorner (Score:1) Tuesday October 31 2000, @11:44AM
  • Re:Boycott by FeeDBaCK (Score:2) Tuesday October 31 2000, @11:45AM
  • Beer by J_P_Nelson (Score:1) Tuesday October 31 2000, @11:45AM
  • Is it time to fork DNS? by Improv (Score:1) Tuesday October 31 2000, @11:45AM
  • Re:Try another stout by bright moments (Score:1) Tuesday October 31 2000, @11:45AM
  • Verizonereallysucks.com by marcop (Score:1) Tuesday October 31 2000, @11:45AM
  • Re:At least Bouillabaisse doesn't suck. by TheBahxMan (Score:1) Tuesday October 31 2000, @11:46AM
  • Domain names a form of free speech? by ScratchDot (Score:1) Tuesday October 31 2000, @11:46AM
  • Re:Looks like I'm screwed then, eh? by matek (Score:1) Tuesday October 31 2000, @11:46AM
  • Lame.. by enrico_suave (Score:1) Tuesday October 31 2000, @11:47AM
  • Re:Try another stout by Anonymous Coward (Score:2) Tuesday October 31 2000, @11:47AM
  • Harp on Irish flag? Uh, no... by duketor (Score:1) Tuesday October 31 2000, @11:47AM
  • Damn! (Score:3)

    by JoeShmoe (90109) <askjoeshmoe@hotmail.com> on Tuesday October 31 2000, @11:47AM (#659643)
    Secaucus Group (WIPOSUCKS-DOM)
    295 Greewich Street Suite 184
    New York, New York 10007
    USA

    Domain Name: WIPOSUCKS.COM

    Administrative Contact, Technical Contact, Zone Contact, Billing Contact:
    Parisi, Dan (DP996) dparisi@GARDEN.NET
    Dan Parisi
    Post Office Box 1009
    Secaucus, NJ 07094
    973-503-1785

    ...how about wipo-really-sucks.com, anyone?

    - JoeShmoe

    -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= -
  • BoycottOfGuinessBeerWillReallySuckForThem.com by makhnolives (Score:1) Tuesday October 31 2000, @11:47AM
  • Re:[ot] clarification by mengmeng (Score:1) Tuesday October 31 2000, @11:47AM
  • by markhb (11721) on Tuesday October 31 2000, @11:47AM (#659646) Homepage Journal
    Yes, reverse-hijacking the domains if they were legit protest sites would be abhorrent. However, those who read the original decision will find the following:
    1. The previous domain dispute the guy was upset about was over guinnes.com, a typo domain;
    2. He never had any sites up on the guinness-sucks domains he registered;
    3. The Respondent (aka defendant) did not respond to the action he was served with;
    4. Quoting the decision (Complainant is Guinness, the Registrar is CORE):
      The Complainant submits that the Respondent is a wholesaler of Internet domain names (defined as someone who acquires multiple domain names with the intent to profit from them). The Respondent has registered approximately 3000 domain names, approximately 1400 of which are registered with the Registrar. In support of this statement, the Complainant has submitted a print-out, running to thirty one pages, of the results of a search which the Complainant caused to be carried out on the Registrar's WHOIS database for domain names with NIC handles allegedly associated with the Respondent.
    5. Again quoting the decision:
      The Complainant submits that there have been at least five ICANN decisions against the Respondent in which it has been found that he registered and used domain names that are identical or confusingly similar to famous trademarks in bad faith and without a legitimate business purpose viz. Hewlett-Packard Company v. Cupcake City, NAF Case No. FA0002000093562; Encyclopedia Britannica, Inc. v. John Zuccarini et al., WIPO Case No. D2000-0330; Hewlett-Packard Company v. John Zuccarini, NAF Case No. FA00040000994454; Bama Rags, Inc. v. John Zuccarini d/b/a Cupcake Confidential, NAF Case No. 0003000094380 and Bama Rags, Inc. v. John Zuccarini, NAF Case No. 0003000094381.
    This guy is a squatter who didn't even bother to contest the charges. Why should we cry for him?
  • Re:Too dark by Delphis (Score:1) Tuesday October 31 2000, @11:48AM
  • Re:Too dark by FeeDBaCK (Score:1) Tuesday October 31 2000, @11:48AM
  • WIPO is useful as a bad example by Vassily Overveight (Score:1) Tuesday October 31 2000, @11:48AM
  • bit.com Vs. bitch.com by Xiphoid Process (Score:1) Tuesday October 31 2000, @11:48AM
  • You people just don't understand! by ..... (Score:2) Tuesday October 31 2000, @11:48AM
  • hmmm... by AlbanySux (Score:1) Tuesday October 31 2000, @11:49AM
  • A Dumb Question by Prof_Dagoski (Score:2) Tuesday October 31 2000, @11:50AM
  • WIPO sucks :) by dizee (Score:2) Tuesday October 31 2000, @11:50AM
  • Sir Alec Guinness' family should sue... by enrico_suave (Score:1) Tuesday October 31 2000, @11:51AM
  • Re:[ot] clarification by sillysally (Score:1) Tuesday October 31 2000, @11:51AM
  • Re:Just like guinesssucks.com by rpozz (Score:2) Tuesday October 31 2000, @11:51AM
  • blah, it's infringement. by Xerithane (Score:2) Tuesday October 31 2000, @11:51AM
  • Re:how about other variations by FeeDBaCK (Score:1) Tuesday October 31 2000, @11:51AM
  • Maceson's Triple Stout by avandesande (Score:1) Tuesday October 31 2000, @11:51AM
  • Redhat Guinness?!?!? by CiXeL (Score:1) Tuesday October 31 2000, @11:51AM
  • There needs to be a .sucks TLD by Refried Beans (Score:1) Tuesday October 31 2000, @11:52AM
  • Hold up! by MicroBerto (Score:1) Tuesday October 31 2000, @11:52AM
  • Re:Too dark by Delphis (Score:1) Tuesday October 31 2000, @11:52AM
  • Pissing contest, nothing else by ackthpt (Score:2) Tuesday October 31 2000, @11:52AM
  • Re:Verizonereallysucks.com by TheBahxMan (Score:1) Tuesday October 31 2000, @11:52AM
  • Re:Try another stout by Cannonball (Score:2) Tuesday October 31 2000, @11:53AM
  • Reaction by zinger (Score:1) Tuesday October 31 2000, @11:53AM
  • Guinness by Hard_Code (Score:2) Tuesday October 31 2000, @11:53AM
  • by Cardinal (311) on Tuesday October 31 2000, @11:53AM (#659670)
    Well, there's this flag [ireland-now.com], but it isn't the Irish flag [ireland-now.com].
  • Re:Screw you hippy! by alecto (Score:1) Tuesday October 31 2000, @11:53AM
  • Re:That SUCKS by z00t (Score:1) Tuesday October 31 2000, @11:53AM
  • It's true! by Phokus (Score:1) Tuesday October 31 2000, @11:54AM
  • Re:Guinness by Hard_Code (Score:1) Tuesday October 31 2000, @11:56AM
  • Re:What about... by Xerithane (Score:1) Tuesday October 31 2000, @11:56AM
  • Oh, lord... (Score:5)

    by sachmet (10423) on Tuesday October 31 2000, @11:56AM (#659676)
    I'm sorry, but this is ridiculous. No, not the decision. The 4k article on the front of slashdot decrying the WIPO for taking away some domain names.

    Let's look at the facts:
    • The guy got pissed at Guinness and registered a bunch of domain names that, in effect, stated Guinness sucks.
    • Guinness got pissed and played hardball to have the domains removed.
    • The guy never responded to the WIPO inquiry - and he had A MONTH to do so!
    • The guy has registered (and had taken away) numerous other domain names he registered in bad faith - the docket lists 5 other cases he's been involved in
    • Finally, instead of doing something - ANYTHING - with the domain names, he posts that he took them from Guinness becasue he was pissed they took his original domain to another site.
    I'm sorry, but he DESERVED to have those domains taken away. I've been working to get a domain for a group that I'm friends with, and they can't get it because some squatter claims to be 'opening an email service with 3 letter domains' but all he does is sell domains on it. And, it doesn't even point to itself! Plus the DNS entries contain 'THIS-DOMAIN-FOR-SALE' in whois...

    Slashdot needs to look a bit more carefully at the stories they run and select, lest too many more things like this pop up that ruin their credibility further.

    Score: -1, Flamebait
  • Re:There needs to be a .sucks TLD by Malicose (Score:1) Tuesday October 31 2000, @11:56AM
  • Re:no! by gnugnugnu (Score:1) Tuesday October 31 2000, @11:57AM
  • So what's next?? by jetskijoe (Score:1) Tuesday October 31 2000, @11:57AM
  • Dang.. wiposucks.com is already taken.. by towster (Score:1) Tuesday October 31 2000, @11:57AM
  • Only one way by Tau Zero (Score:2) Tuesday October 31 2000, @11:57AM
  • by Mr. Flibble (12943) on Tuesday October 31 2000, @11:57AM (#659682) Homepage
    Linus Torvalds has spurred a love of beer amongst Linux users according to Jargon.org [tuxedo.org], he really loves Guiness. Wierd, really given the Guiness used to flavour their beer with dead horses in the early years IIRC.

    Oh what is a Linux geek to do? Boycott Guinness? Offend the founding father, Oh! Agony!

    That's it. Im switching to BSD, Penguins like beer but Demons drink a mixture of sulpur and brimstone, as far as I know no one has tried to register sulphur-and-brimstone-really-sucks.com!
  • 3l33t sp34k by coug_ (Score:1) Tuesday October 31 2000, @11:57AM
  • http://wipo.really.fuckingsucks.net/ by 1010011010 (Score:2) Tuesday October 31 2000, @11:57AM
  • amen brother by Mojojojo Monkey Inc. (Score:1) Tuesday October 31 2000, @11:57AM
  • Re:Boycott by Fat Lenny (Score:2) Tuesday October 31 2000, @11:58AM
  • http://wipo.really.fuckingsucks.net/ by 1010011010 (Score:2) Tuesday October 31 2000, @11:59AM
  • by Greg@RageNet (39860) on Tuesday October 31 2000, @11:59AM (#659688) Homepage
    The WIPO made the right decision in this case, given the evidence they had. The domain holder chose not to send a response to the dispute arbitrators and so they only had evidence provided by the complaintants (guiness).

    If you are sued and you choose not to show up in court and defend yourself, the judge will decide the case based only on the evidence presented by the complaintant and likely judge against you. If you get a sommons to appear in court for trial and decide not to show up you will likely be hauled off to jail. Likewise if you recieve a notice from a domain dispute arbitration board requesting a response to a domain being disputed you had best defend yourself or accept the fact that you will lose your domain.

    The WIPO board had no evidence to go on except that presented by guiness and ruled accordingly because the domain holder chose not to respond. Guiness could have gone on to accuse the domain holder of serving the guiness laywers scalding hot coffee which the laywers spilled into their laps causing second degree burns and if the domain holder chooses not to defend themselves against these accusations than the WIPO has no option but to accept them as fact.

    So, its a bummer that this dude loses his domains but thats what will happen if you don't bother responding to defend yourself.

    -- Greg

  • Re:Is it time to fork DNS? by po_boy (Score:1) Tuesday October 31 2000, @12:00PM
  • It started with guinnes.com by dr bacardi (Score:1) Tuesday October 31 2000, @12:00PM
  • Re:It's not as clear-cut as it seems by z00t (Score:1) Tuesday October 31 2000, @12:00PM
  • Another Stout? by envisionary (Score:1) Tuesday October 31 2000, @12:00PM
  • Which Ditribution by gnugnugnu (Score:1) Tuesday October 31 2000, @12:00PM
  • Guinessisbadforyou.com by DamienMcKenna (Score:1) Tuesday October 31 2000, @12:01PM
  • internet by *no comment* (Score:1) Tuesday October 31 2000, @12:01PM
  • Why I got WIPO.org.uk and SWIPO.org by Garry Anderson (Score:2) Tuesday October 31 2000, @12:01PM
  • Bankrupting Guinness by John Jorsett (Score:2) Tuesday October 31 2000, @12:01PM
  • The only paragraph that made sense by The Lurker King (Score:1) Tuesday October 31 2000, @12:01PM
  • Re:He could have replied by Xerithane (Score:1) Tuesday October 31 2000, @12:01PM
  • Re:He could have replied by dilip (Score:1) Tuesday October 31 2000, @12:02PM
  • Who makes these decisions? by RandomPeon (Score:1) Tuesday October 31 2000, @12:02PM
  • Re:No response filed! by Mojojojo Monkey Inc. (Score:1) Tuesday October 31 2000, @12:02PM
  • Primus sucks! by FiDooDa (Score:1) Tuesday October 31 2000, @12:02PM
  • Guinness by isorox (Score:1) Tuesday October 31 2000, @12:03PM
  • Boycotting Guiness won't work by startled (Score:1) Tuesday October 31 2000, @12:03PM
  • Re:What about... (Score:4)

    by L-Train8 (70991) <[moc.liamtoh] [ta] [kwaH_wehttaM]> on Tuesday October 31 2000, @12:04PM (#659706) Homepage Journal
    I heartily agree. We cant have customers of companies getting pissed off and expressing their opinion. Especially if the company in question has spent a lot of money on advertising that says the company is great. A website saying that the company's product sucked would contradict all that advertising, and the end result would be customer confusion. Fortunately, we don't live in that kind of world. We have the WIPO to protect us from the evils of non-corporate entities expressing opinions on websites.
  • Re:Wipe this by gdiersing (Score:1) Tuesday October 31 2000, @12:04PM
  • Re:hmmm... by mindstrm (Score:2) Tuesday October 31 2000, @12:04PM
  • by fcd (89027) on Tuesday October 31 2000, @12:05PM (#659709)
    For more detail see from the article:

    No Response was received by the Center from the Respondent and on September 25, 2000, the Center sent a Notification of Respondent Default to the Respondent by post/courier and by e-mail.(emphais added)

    and from the Uniform Domain Name Dispute Resolution Policy [domainmagistrate.com]:

    This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. (emphais added)
    Included in this paragraph is:
    iii. your domain name has been registered and is being used in bad faith.

    I think the point here is that we don't know how the rulling would have went if the Respondent had done what is required of him as part of the contract he enters apon buying a domain. We cannot claim his rights were trappled when he himself will not assert them.

  • Re:[ot] clarification by Tuxedo Mask (Score:1) Tuesday October 31 2000, @12:06PM
  • Re:What's the equivalent? by Mad Hughagi (Score:2) Tuesday October 31 2000, @12:06PM
  • Plug for Nader by a!b!c! (Score:1) Tuesday October 31 2000, @12:06PM
  • Re:Boycott by Xerithane (Score:2) Tuesday October 31 2000, @12:06PM
  • Re:A Dumb Question -- answer by Brian See (Score:1) Tuesday October 31 2000, @12:07PM
  • by Greyfox (87712) on Tuesday October 31 2000, @12:07PM (#659715) Homepage
    It seems like the sucks.com guys could clean up with a whole slew of second level domains like:

    guiness.sucks.com
    microsoft.sucks.com
    verision.sucks.com
    digitalconvergence.sucks.com
    wipo.sucks.com
    icann.sucks.com

    To name a few.

    Personally, I think we just need a DNS revolt. Or better yet, an entire network revolt. It wouldn't be too hard to put an infrastructure on top of the current net and wall off the corporate world from it. As I've suggested in the past, an invitation only VPN would work great. Couple that with a distributed naming system of some sort, and leave the current corporations out to rot. We built this network and we don't want them and we don't need them.

    Hell reverting back to store and forward would be better than what they've given us.

  • What does this mean for by isorox (Score:1) Tuesday October 31 2000, @12:08PM
  • Re:Response forms to the WIPO by aicra (Score:1) Tuesday October 31 2000, @12:08PM
  • You're wrong... by DarkEdgeX (Score:1) Tuesday October 31 2000, @12:08PM
  • Well, if you are going to bother.... by Auckerman (Score:2) Tuesday October 31 2000, @12:09PM
  • Re:No response filed! by Vassily Overveight (Score:1) Tuesday October 31 2000, @12:09PM
  • Harp by envisionary (Score:1) Tuesday October 31 2000, @12:10PM
  • Registering a trademark to defend against WIPO by jms (Score:2) Tuesday October 31 2000, @12:10PM
  • Proposed solution (sort of) by astrashe (Score:1) Tuesday October 31 2000, @12:10PM
  • that is TOTALLY not what this is about. by kootch (Score:2) Tuesday October 31 2000, @12:10PM
  • Re:Boycott? Not! by ackthpt (Score:1) Tuesday October 31 2000, @12:10PM
  • Re:A Dumb Question (Score:3)

    by L-Train8 (70991) <[moc.liamtoh] [ta] [kwaH_wehttaM]> on Tuesday October 31 2000, @12:12PM (#659726) Homepage Journal
    from the wipo website [wipo.org]:

    The World Intellectual Property Organization (WIPO) is an international organization dedicated to promoting the use and protection of works of the human spirit. These works - intellectual property - are expanding the bounds of science and technology and enriching the world of the arts. Through its work, WIPO plays an important role in enhancing the quality and enjoyment of life, as well as creating real wealth for nations.

    With headquarters in Geneva, Switzerland, WIPO is one of the 16 specialized agencies of the United Nations system of organizations. It administers 21 international treaties dealing with different aspects of intellectual property protection. The Organization counts 175 nations as member states. Please visit the links below for more information - both general and specific - on WIPO.

  • Re:Boycott by Xerithane (Score:1) Tuesday October 31 2000, @12:12PM
  • Re:Boycott (Score:3)

    by humanasset (206242) on Tuesday October 31 2000, @12:12PM (#659728)
    Make your own. It's so easy even an MCSE can do it!
    Cat's Meow III [brewery.org]
    The New Complete Joy of Home Brewing, by Papazian [amazon.com]
  • Re:What about... (Score:3)

    by Mr. Slippery (47854) <tms@@@infamous...net> on Tuesday October 31 2000, @12:13PM (#659729) Homepage
    Then they start a rally against your company, but because of your devotion you cannot protect your trademark from unauthorized use that you don't agree with.
    Bullshit. You don't get to protect your trademark agaist use you don't agree with, you only get to protect it against confusing commercial use.

    I can, for example, say that Guinness® is a fine brew made by a bunch of corporate bastards who suck Satan's cock. That's a fine exercise of my right of free speech, and no trademark law can oppose it.

    I could even say that, in light of that, I will be foregoing Guinness® and Harp®, in favor of the Blue Ridge® and Wild Goose® lines from the Frederick Brewing Company (of which I happen to own a few shares), and recommend that you do the same. That's commerical speech, using Guinness trademarks in a way that Guinness certainly doesn't like, but it's not in any way an attempt to engage in fraud, so it too is perfectly valid.

  • Guiness can't buy them all back. by ReadbackMonkey (Score:1) Tuesday October 31 2000, @12:13PM
  • Hope they have a LOT of money for legal fees.... by MattW (Score:2) Tuesday October 31 2000, @12:15PM
  • Averting Tragedy by Mignon (Score:2) Tuesday October 31 2000, @12:15PM
  • Right Decision by JumpyMonkey (Score:1) Tuesday October 31 2000, @12:15PM
  • The Administrative Panel by SpookComix (Score:1) Tuesday October 31 2000, @12:15PM
  • Re:A Dumb Question by scorbett (Score:1) Tuesday October 31 2000, @12:16PM
  • New Lawsuits on the way by BlueLines (Score:2) Tuesday October 31 2000, @12:16PM
  • Re:Boycott - heh by ackthpt (Score:2) Tuesday October 31 2000, @12:16PM
  • by Delirium Tremens (214596) on Tuesday October 31 2000, @12:17PM (#659738) Journal
    I don't enjoy Microsoft, so I scoop up microsoft.sucks when the new domains come out, and what happens? More than likely, Microsoft will sue me for trademake infringment.

    Just buy really.sucks, and you're done.
    Then you can play with microsoft.really.sucks, guiness.really.sucks, ... and of course WIPO.really.sucks!

  • Re:It's not as clear-cut as it seems by Nugget94M (Score:1) Tuesday October 31 2000, @12:17PM
  • So OK, Guiness is acting like a corporation by AllegroCEO (Score:1) Tuesday October 31 2000, @12:17PM
  • Phuck.the.mpaa.org.lu by BlueUnderwear (Score:2) Tuesday October 31 2000, @12:18PM
  • If you had read the report... by Anonymous Coward (Score:1) Tuesday October 31 2000, @12:19PM
  • It is very simular indeed! by Sarin (Score:1) Tuesday October 31 2000, @12:19PM
  • Re:What about Guinness? by Mr. Slippery (Score:1) Tuesday October 31 2000, @12:19PM
  • Re:that is TOTALLY not what this is about. by Kupek (Score:1) Tuesday October 31 2000, @12:19PM
  • Slashdot Yellow Journalism by Colloquy (Score:2) Tuesday October 31 2000, @12:19PM
  • Re:He could have replied by jms (Score:1) Tuesday October 31 2000, @12:20PM
  • Re:Boycott by fatphil (Score:1) Tuesday October 31 2000, @12:20PM
  • Re:Boycott by Cytotoxic (Score:1) Tuesday October 31 2000, @12:21PM
  • by Eric Seppanen (79060) on Tuesday October 31 2000, @12:22PM (#659750) Homepage
    Hey, doesn't anybody value parody anymore? I bet you could go and poll all of the bureaucrats that make and support overbroad trademark protection and you'd find a significant percentage that once read and enjoyed Mad Magazine [madmag.com].

    I mean, at one point in time, it was actually funny when a comic spoofed movies and gave the spoofs confusingly similar names to the real, (trademarked) thing.

    Oh, wait a minute! Mad Magazine is now owned by none other than our friends at Time Warner! Guess for them it's OK!


    --

  • Re:You people just don't understand! by corvi42 (Score:1) Tuesday October 31 2000, @12:22PM
  • Re:It's not as clear-cut as it seems by Mr. Slippery (Score:1) Tuesday October 31 2000, @12:23PM
  • Re:Boycott (not hardly) by turbodog42 (Score:1) Tuesday October 31 2000, @12:23PM
  • Oh, I get it!... by vex24 (Score:1) Tuesday October 31 2000, @12:23PM
  • Re:What about... by BrookHarty (Score:1) Tuesday October 31 2000, @12:24PM
  • Re:No more Guinness for me, time to find a new sto by Monkey-Man (Score:1) Tuesday October 31 2000, @12:24PM
  • boo hoo by Yog-Soth (Score:1) Tuesday October 31 2000, @12:24PM
  • by kfg (145172) on Tuesday October 31 2000, @12:25PM (#659758)
    ARE the Guiness beer people. The whole Guiness Book of World Records was started as a reference to settle * bar bets * and the Guiness beer people thought it was a natural promotional item as well.
  • Re:You people just don't understand! by Mr. Slippery (Score:1) Tuesday October 31 2000, @12:25PM
  • Re:Right Decision (Score:3)

    by double_h (21284) on Tuesday October 31 2000, @12:25PM (#659760) Homepage

    I have no idea what Zuccarini's complaint was with Guinness but it is more than apparent that he registered these domains with the intent to harrass them. Why would I want to support this kind of childish behavior?

    Because free speech (espescially critical speech) is an important principle, and is one of the few effective tactics individual people have in counterbalancing the vast amounts of money and lawyers that corporations use to gain more and more power.

    What's next? Will "Consumer Reports" magazine get shut down for publishing critical reviews of (trademarked) products? Plenty of software licenses already stipulate that one can't publish benchmarks without explicit permission -- it's not hard to imagine this trend extending to other products.

  • Pabst Sucks? by donglekey (Score:1) Tuesday October 31 2000, @12:25PM
  • SprintPCS by ehiris (Score:1) Tuesday October 31 2000, @12:28PM
  • Re:No more Guinness for me, time to find a new sto by turbodog42 (Score:1) Tuesday October 31 2000, @12:29PM
  • There are still some guiness domains available ;) by cheekymonkey_68 (Score:1) Tuesday October 31 2000, @12:30PM
  • Re:It's not as clear-cut as it seems by dbretton (Score:1) Tuesday October 31 2000, @12:31PM
  • Recipe for American beer by Noodles (Score:1) Tuesday October 31 2000, @12:31PM
  • Re:Slashdot Yellow Journalism by doc urizen (Score:1) Tuesday October 31 2000, @12:31PM
  • Re:Boycott (Score:5)

    by Timmy1138 (247577) on Tuesday October 31 2000, @12:32PM (#659768)

    First, they are a international corporation. You can say anything to them. You can insult their mothers and their religion. It won't matter if you still give them your money.

    Second, yes, the guy was being a prick. But he has the right to be a prick. He has the right to tell the world his problems with Guinness Stout and the company that makes it. He doesn't have the right to tell people that he makes Guinness and you should give him money in exchange for beer; but he wasn't.

  • Re:It's not as clear-cut as it seems by AllegroCEO (Score:2) Tuesday October 31 2000, @12:32PM
  • by Elminst (53259) on Tuesday October 31 2000, @12:32PM (#659770) Homepage
    6. He misdirects potential Guinness customers. Quote:
    The Complainant further submits that it would be likely that such consumers would choose to visit the such sites established by the Respondent, if only to satisfy their curiosity as to the content of such sites. Respondent would thus divert potential consumers of Complainant to his www sites by the use of said domain names.
    7. But worse than that, he TRAPS THEM in endless clickloops, thereby generating money for himself and preventing the consumer from getting to any legitimate site. Quote:
    many of his sites featured advertisements for other sites and credit card companies where "visitors were trapped or 'mousetrapped' in the sites, unable to exit without clicking on a succession of ads. Zuccarini received between ten and twenty-five cents from the advertisers for every click." Id. at 635, 641. The Respondent's "click-based revenue now approaches $1 million per year." Id. at 640 n.7.
    8. And further on that topic, he WILFULLY ADMITTED that he registers the domains BECAUSE THEY ARE SIMILAR. Quote:
    that the Respondent "admitted that he registered [the domain names] because they are confusingly similar to others' famous marks or personal names -- and thus are likely misspellings of those names -- in an effort to divert Internet traffic to his sites." Id. at 639-640.
    I have no sympathy for this guy. The ONLY way he could have venerated himself was to actually publish a website that contained LEGITIMATE complaints against the company. He didn't.
    And then when confronted with it, he could have responded with evidence or argument in his favor, thus using the system. He didn't.
    Looks like he dug his own grave to me.
  • Re:Too dark by Smitty825 (Score:2) Tuesday October 31 2000, @12:33PM
  • Why bother with Guinness??? by Pig Hogger (Score:2) Tuesday October 31 2000, @12:33PM
  • Re:You people just don't understand! by ..... (Score:1) Tuesday October 31 2000, @12:34PM
  • Re:No more Guinness for me, time to find a new sto by lizrd (Score:1) Tuesday October 31 2000, @12:35PM
  • No, of course not by mosch (Score:1) Tuesday October 31 2000, @12:36PM
  • dns revolt by blackc (Score:1) Tuesday October 31 2000, @12:37PM
  • Re:Boycott - heh by Smitty825 (Score:2) Tuesday October 31 2000, @12:37PM
  • by Malc (1751) on Tuesday October 31 2000, @12:37PM (#659778)
    "my experience from local brewpubs tells me that stouts from hand pumped casks with natural carbonation are MUCH better than the same beer from force-carbonated kegs. "

    Errr, Guinness has below normal carbonation, whether on tap or from a can. A small amount of liquid N2 is inserted into Guinness cans before they are sealed. When it boils, the pressure in the can is increased forcing Guinness into the widget. When the can is opened, the release in pressure results in the Guinness squirting through small hole(s) in the widget creating the head. It's nothing to do with carbonation.

    I grew up in England. Most of the local brews have below "normal" CO2 levels. I hate carbonated drinks. Disgusting things. That's one of the reasons why you won't catch me drinking the bad (IMNHO) brews from Sierra Nevada (besides the bad taste).

    "There is nothing special about this beer, and I strongly recommend that you try the stouts and porters from Sierra Nevada (pretty much US-wide) or your local craft brweries. If you don't like them, you are guilty of several of the charges above, and if you do like them, at least one of them will taste better than export Guinness. "

    I think you're guilty of the stereotypical traditional American isolationism. (I known the stereotype doesn't hold true for the majority of intelligent Americans as I lived there for a while, and have a number of good friends there.)

    The racial implications of your other statements are just utter bollocks. I'm not Irish (far from it!), I don't drink Guinness for any of the reasons you state... I drink because it *IS* the tastiest of all beers.
  • Re:Missing Eyeballs by The_Messenger (Score:2) Tuesday October 31 2000, @12:37PM
  • Corporation Rights vs Individuals Rights by jjr (Score:1) Tuesday October 31 2000, @12:38PM
  • Some facts by Synn (Score:1) Tuesday October 31 2000, @12:41PM
  • Re:Boycott (not hardly) by lizrd (Score:1) Tuesday October 31 2000, @12:43PM
  • The REAL reason Guiness won... by UncleRoger (Score:2) Tuesday October 31 2000, @12:43PM
  • Re:Damn! by damajah (Score:1) Tuesday October 31 2000, @12:44PM
  • Hey everybody! by alcubierre (Score:1) Tuesday October 31 2000, @12:44PM
  • Re:There needs to be a .sucks TLD by Ripp (Score:1) Tuesday October 31 2000, @12:45PM
  • Re:He could have replied by Brian See (Score:1) Tuesday October 31 2000, @12:46PM
  • Re:You people just don't understand! by corvi42 (Score:1) Tuesday October 31 2000, @12:46PM
  • Re:Boycott by rhiorg (Score:1) Tuesday October 31 2000, @12:48PM
  • Re:Right Decision by JumpyMonkey (Score:1) Tuesday October 31 2000, @12:48PM
  • Re:Too dark by Timmy1138 (Score:1) Tuesday October 31 2000, @12:48PM
  • Wait until WIPO starts doing this by Yhcrana (Score:1) Tuesday October 31 2000, @12:49PM
  • Re:Guinness by Anonymous Coward (Score:1) Tuesday October 31 2000, @12:50PM
  • Re:Boycott by billcopc (Score:2) Tuesday October 31 2000, @12:50PM
  • Re:The REAL reason Guiness won... by Brian See (Score:1) Tuesday October 31 2000, @12:50PM
  • It's obvious why this happened.. by djrogers (Score:2) Tuesday October 31 2000, @12:51PM
  • Well... by BluedemonX (Score:2) Tuesday October 31 2000, @12:51PM
  • Re:Only one way by webcrafter (Score:1) Tuesday October 31 2000, @12:51PM
  • Hmmmm by Stalcair (Score:1) Tuesday October 31 2000, @12:52PM
  • Beer Rulez by jawtheshark (Score:1) Tuesday October 31 2000, @12:54PM
  • Re:He could have replied by vsync64 (Score:2) Tuesday October 31 2000, @12:54PM
  • by Andrew Dvorak (95538) on Tuesday October 31 2000, @12:54PM (#659802)
    Some people might be interested in reading WIPO [wipo.org]'s WIPO Arbitration and Mediation Center [wipo.int] page. I won't go too in depth, because then I'd be reciting their page, but it's worth looking at because it does pertain to Internet Domain Names.
  • Re:What about... by shepd (Score:1) Tuesday October 31 2000, @12:54PM
  • by kootch (81702) on Tuesday October 31 2000, @12:54PM (#659804) Homepage
    for the record, right from the USPTO.
    http://www.uspto.gov/web/offices/tac/tmlaw2.html

    (d)(1)(A) A person shall be liable in a civil action by the owner of a mark, including a personal name which is protected as a mark under this section, if, without regard to the goods or services of the parties, that person--

    (i) has a bad faith intent to profit from that mark, including a personal name which is protected as a mark under this section; and
    (ii) registers, traffics in, or uses a domain name that--

    (I) in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark;
    (II) in the case of a famous mark that is famous at the time of registration of the domain name, is identical or confusingly similar to or dilutive of that mark; or

    (III) is a trademark, word, or name protected by reason of section 706 of title 18, United States Code, or section 220506 of title 36, United States Code.

    (B)(i) In determining whether a person has a bad faith intent described under subparagraph (A), a court may consider factors such as, but not limited to--

    (I) the trademark or other intellectual property rights of the person, if any, in the domain name;
    (II) the extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person;

    (III) the person's prior use, if any, of the domain name in connection with the bona fide offering of any goods or services;

    (IV) the person's bona fide noncommercial or fair use of the mark in a site accessible under the domain name;

    (V) the person's intent to divert consumers from the mark owner's online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site;

    (VI) the person's offer to transfer, sell, or otherwise assign the domain name to the mark owner or any third party for financial gain without having used, or having an intent to use, the domain name in the bona fide offering of any goods or services, or the person's prior conduct indicating a pattern of such conduct;

    (VII) the person's provision of material and misleading false contact information when applying for the registration of the domain name, the person's intentional failure to maintain accurate contact information, or the person's prior conduct indicating a pattern of such conduct;

    (VIII) the person's registration or acquisition of multiple domain names which the person knows are identical or confusingly similar to marks of others that are distinctive at the time of registration of such domain names, or dilutive of famous marks of others that are famous at the time of registration of such domain names, without regard to the goods or services of the parties; and

    (IX) the extent to which the mark incorporated in the person's domain name registration is or is not distinctive and famous within the meaning of subsection (c)(1) of section 43.

    (ii) Bad faith intent described under subparagraph (A) shall not be found in any case in which the court determines that the person believed and had reasonable grounds to believe that the use of the domain name was a fair use or otherwise lawful.
    (C) In any civil action involving the registration, trafficking, or use of a domain name under this paragraph, a court may order the forfeiture or cancellation of the domain name or the transfer of the domain name to the owner of the mark.
    (D) A person shall be liable for using a domain name under subparagraph (A) only if that person is the domain name registrant or that registrant's authorized licensee.

    (E) As used in this paragraph, the term "traffics in" refers to transactions that include, but are not limited to, sales, purchases, loans, pledges, licenses, exchanges of currency, and any other transfer for consideration or receipt in exchange for consideration.

    (2)(A) The owner of a mark may file an in rem civil action against a domain name in the judicial district in which the domain name registrar, domain name registry, or other domain name authority that registered or assigned the domain name is located if--

    (i) the domain name violates any right of the owner of a mark registered in the Patent and Trademark Office, or protected under subsection (a) or (c); and
    (ii) the court finds that the owner--

    (I) is not able to obtain in personam jurisdiction over a person who would have been a defendant in a civil action under paragraph (1); or
    (II) through due diligence was not able to find a person who would have been a defendant in a civil action under paragraph (1) by--

    (aa) sending a notice of the alleged violation and intent to proceed under this paragraph to the registrant of the domain name at the postal and e-mail address provided by the registrant to the registrar; and
    (bb) publishing notice of the action as the court may direct promptly after filing the action.

    (B) The actions under subparagraph (A)(ii) shall constitute service of process.
    (C) In an in rem action under this paragraph, a domain name shall be deemed to have its situs in the judicial district in which--

    (i) the domain name registrar, registry, or other domain name authority that registered or assigned the domain name is located; or
    (ii) documents sufficient to establish control and authority regarding the disposition of the registration and use of the domain name are deposited with the court.

    (D)(i) The remedies in an in rem action under this paragraph shall be limited to a court order for the forfeiture or cancellation of the domain name or the transfer of the domain name to the owner of the mark. Upon receipt of written notification of a filed, stamped copy of a complaint filed by the owner of a mark in a United States district court under this paragraph, the domain name registrar, domain name registry, or other domain name authority shall--

    (I) expeditiously deposit with the court documents sufficient to establish the court's control and authority regarding the disposition of the registration and use of the domain name to the court; and
    (II) not transfer, suspend, or otherwise modify the domain name during the pendency of the action, except upon order of the court.

    (ii) The domain name registrar or registry or other domain name authority shall not be liable for injunctive or monetary relief under this paragraph except in the case of bad faith or reckless disregard, which includes a willful failure to comply with any such court order.
    (3) The civil action established under paragraph (1) and the in rem action established under paragraph (2), and any remedy available under either such action, shall be in addition to any other civil action or remedy otherwise applicable.
    (4) The in rem jurisdiction established under paragraph (2) shall be in addition to any other jurisdiction that otherwise exists, whether in rem or in personam.

  • Re:Just like guinesssucks.com by ichimunki (Score:2) Tuesday October 31 2000, @12:57PM
  • Re:that is TOTALLY not what this is about. by timmyd (Score:1) Tuesday October 31 2000, @12:59PM
  • This is Bullshit! by quam (Score:1) Tuesday October 31 2000, @01:00PM
  • Re:It's not as clear-cut as it seems by Snackwell (Score:1) Tuesday October 31 2000, @01:00PM
  • Different Namespace by OutlawDrake (Score:1) Tuesday October 31 2000, @01:01PM
  • On the other hand... by starflyer45 (Score:1) Tuesday October 31 2000, @01:01PM
  • Re:that is TOTALLY not what this is about. by spoon42 (Score:1) Tuesday October 31 2000, @01:04PM
  • MODERATE THIS! by Anonymous Coward (Score:1) Tuesday October 31 2000, @01:05PM
  • Re:Boycott (not hardly) by lizrd (Score:1) Tuesday October 31 2000, @01:07PM
  • Re:It's not as clear-cut as it seems by Omega996 (Score:1) Tuesday October 31 2000, @01:08PM
  • Re:Maybe he means this one by ddstreet (Score:1) Tuesday October 31 2000, @01:09PM
  • Re:Boycott by Emugamer (Score:1) Tuesday October 31 2000, @01:10PM
  • Set a scary precedent? by e_lehman (Score:2) Tuesday October 31 2000, @01:11PM
  • Re:Harp on Irish flag? Uh, no... by jpm242 (Score:1) Tuesday October 31 2000, @01:11PM
  • Re:Oh, lord... (Score:5)

    by jamiemccarthy (4847) on Tuesday October 31 2000, @01:13PM (#659819) Homepage Journal
    In email, the guy told me that he didn't bother replying to WIPO because he knew that, whatever he said, he was going to lose anyway. He'd guessed that WIPO would decide his case before the facts were presented, and that, because he had lost some cybersquatting cases before, he was going to lose this one regardless of its merits.

    And he was right. This was clearly a case of criticism of a corporation, whether he'd gotten around to putting critical content on the domains' website or not. You can't get more fairly critical than "-sucks.com". But they threw the book at him.

    And in the decision (read it [wipo.int]!) a large part of their reason for taking away his domain was that he had squatted on other domains before. They talked about a lot of those other cases.

    In other words, it was something like:

    Prosecutor: "Your Honor, we can't find any proof that the defendant actually stole the case of beer. But he admits to being an angry young man, and he was convicted last year of stealing two magazines, a toothbrush and a pit bull."

    Judge: "Lock him up!"

    I find this just as offensive as their other specious reasons (anger, eyeball-stealing) but didn't get into it in the story because it's a lot of background that would take a while to explain and this was just supposed to be a short story. The long versions are coming sometime in November (I hope) and will go into detail about more cases.

    The fundamental issue is, was this guy treated fairly in this case? And it seems clear to me that the answer is no.

    Frankly, I can't think of any good reason why any individual should under any circumstances have their "XYZsucks.com" domain taken away and given to corporation XYZ, ever.

    Jamie McCarthy

  • Re:Try another stout by matdesign (Score:1) Tuesday October 31 2000, @01:15PM
  • by _xen (79742) on Tuesday October 31 2000, @01:16PM (#659821)

    Because the domain owner never responded, the panel had nothing to go on but what Guinness told them.

    Nonetheless, the complaint still has to satisfy the requirement that the said domain name in dispute is identical or confusingly similar to a trademark or service mark in which the Complainant has rights, and this is what is unsatisfactory about the decision.

    Look, Guinness could probably have succeeded under business defamation in any number of jurisdictions (including the one in which Guinness plc is registered), though perhaps not in the US. Arguably this is not a bad thing. Remember the name Guinness is valuable property, into which a lot has been invested, the creation of these domain names is equivalent to someone coming along and scratching EAT THE RICH along the side of your new BMW (though this arguably is not a bad thing either).

    That the Panel should hold that a different standard applies to the deceptively similar test, merely because such a site might be discovered by a search engine is disturbing. It reflects a growing tendency for the Law (both at curial and legislative levels) to wet its pants whenever a matter in some way involves the internet. The argument is often put that the Law cannot keep pace with technological change, IMHO the opposite is the case. While some adjustment is doubtless necessary (such as recognising that domain names do have to be brought into step with trade mark law), the Law is particularly adapted to dealing with novel situations. Thus cybersquatting, which the US legislature felt it necessary to criminalise by statute, was simply dealt with under equity in Australia (in the Melbourne-IT case). If established legal principles were applied fairly, irrespective of whether the issue was one involving the net (ooh, it cyberspace ... better be really draconian here!), I believe we would not be seeing findings as aburd as 'guinnessbeerreallysucks' being confusingly similar to 'guinness' (in a way which 'guiness' clearly is btw.)

  • by Hacker Cracker (204131) on Tuesday October 31 2000, @01:16PM (#659822)
    Quoth the poster:
    The problem is that you are all confusing the actions of a person with the actions of a corporation. If a person did this, maybe then they would be guilty of a serious lack of humor. But businesses aren't people! They have to act in certain ways because they are required to by law.
    Err, sorry, but you're wrong--in the eyes of the law, corporations are persons. As such, they have a disproportionate amount of power [adbusters.org] compared to ordinary folks like you and me. As such, I won't be shedding a tear for any of 'em.

    The guy may have screwed up, but apologizing for the corporations (by way of saying he deserved this treatment) is sickening.

    -- Shamus

    This space for rent
  • Re:Oh, lord... by Brian See (Score:1) Tuesday October 31 2000, @01:18PM
  • Old Rasputin Imperial Stout by EdwardBroyles (Score:1) Tuesday October 31 2000, @01:19PM
  • NO - There needs to be a .reg TLD by Garry Anderson (Score:1) Tuesday October 31 2000, @01:20PM
  • Re:No, of course not by Calamari Indigo (Score:1) Tuesday October 31 2000, @01:21PM
  • herm.. by fjordboy (Score:1) Tuesday October 31 2000, @01:21PM
  • Re:FuckGuiness (.com) by Lawbeefaroni (Score:1) Tuesday October 31 2000, @01:22PM
  • Fuck him. Guinness rules. by The Dodger (Score:1) Tuesday October 31 2000, @01:25PM
  • How long until... by ni488 (Score:1) Tuesday October 31 2000, @01:28PM
  • without a legitimate business purpose by bloc76 (Score:1) Tuesday October 31 2000, @01:29PM
  • Re:Oh, lord... by aozilla (Score:1) Tuesday October 31 2000, @01:30PM
  • HAHAHAHAHAHAAA!!! by The Dodger (Score:1) Tuesday October 31 2000, @01:32PM