22 Dec '15, 6pm
‘First Merit Bank Sucks’ domain : #UDRP decision as expected https://t.co/yb6fQ7Ve0F
The Domain Name does not consist purely of Complainant’s FIRSTMERIT trademark or, even, Complainant’s trademark plus an anodyne descriptive term; rather, it includes the derogatory term “sucks”, thereby signaling its likely purpose. There is no evidence that Respondent has derived any commercial advantage from the website linked to the Domain Name. There is no evidence that the website reflects anything other than Respondent’s genuine views, albeit views that are challenged by Complainant. The evidence suggests, on the balance of the probabilities, that the Domain Name was registered and is being used by Respondent genuinely for the purposes he has described. It is clear to Internet users visiting the website linked to the Domain Name that it is not operated by Complainant. Respondent has refrained from registering other domain names reasonably suitable for Complainant’s use.