Saves Domain from Being Flushed Down Toilet — Howard Neu

KohlerSucks.com saved at National Arbitration Forum.

A $4,331 toilet from Kohler

Kohler Co., which does everything from manufacture toilets to develop golf resorts, ought to 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 ahead of going following this domain? Maybe the firm needs to flush its lawyer down the toilet.