Gripe sites without the “sucks”- A legitimate interest?
by Trudie Sarks Helth
Trudie Sarks Helth is a qualified Australian lawyer. She holds a BA/LLB from Sydney University, and a LLM in Intellectual Property Law from University College London. Trudie practised for 3 years at Allens Arthur Robinson, 2 years of which were in the IP group.
Trudie Sarks Helth provides an analysis of gripe websites and whether the operation of such websites without a pejorative term such as "sucks" constitutes a legitimate interest under the Uniform Domain Name Dispute Resolution Policy. Sarks Helth examines the prevailing trends in panel decisions regarding gripe websites of this kind. Broadly, these panel decisions may be separated into cases involving US parties or panellists where there is no indicia of bad faith, cases where no US parties or panellists are involved and there is no indicia of bad faith and cases where indicia of bad faith are present. In Sarks Helth's view, there is a lack of uniformity in the panel decisions to date, and Sarks Helth calls on panellists to consider the law of the relevant jurisdiction in order to achieve greater certainty.
Full text to be posted shortly.
September 2005 contents
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