Cobs Bread Vs Bakers Delight Lies: The future of free speech on the internet.
Added: (Sun Jun 29 2008)
Pressbox (Press Release) -
Bakers Delight trading as Cobs Bread in Canada & America Undelighted by Domain Name
Bakers Delight t/a Cobs Bread in Canada & USA, is an Australian owned company established 27 years ago. Bakers Delight t/a Cobs Breads in Canada and America operates a bakery franchise, with over 700 bakeries in Australia, New Zealand, Canada & America. Bakers Delight t/a Cobs Bread overseas operates a website at www.bakersdelight.com.au.
Respondent created the disputed domain name, "Bakers Delight Lies" on June 22, 2007. The editor of Bakers Delight Lies used to be a franchisee of Bakers Delight t/a Cobs Bread overseas and uses the domain name to fight Bakers delight t/a Cobs Bread overseas and, in particular, its treatment of franchisees.
While the disputed domain name www.bakersdelightlies.com does contain Bakers Delight’s entire trademark, "Baker's Delight", it also contains at the end the word "lies". For this reason, the Panel deemed the disputed domain name to fall into the category of so-called "sucks" cases (where a trademark is joined with a negative term). A majority of panels dealing with "sucks" cases have found that a domain name can be confusingly similar to the trademark for various reasons, including because the domain name contains a trademark and a generic word. However, some panels have found that these types of domain names are not confusing because it is obvious to Internet users that the Complainant would not use a domain name which consists of its trademark and a derogatory term. The Panel in this case opined that "sucks" is a more forceful, obvious and derogatory term than "lies" and held to the majority view that the disputed domain was confusingly similar to the "Bakers Delight" t/a Cobs Bread overseas trade mark.
Notwithstanding, the Panel denied Bakers Delight t/a Cobs Bread overseas, holding that Bakers Delight t/a Cobs Bread overseas had failed to establish that Bakers Delight Lies has no rights or legitimate interests in the disputed domain name. In so holding, the Panel found that the website did not have any commercial content and was dedicated to genuine criticism, with relevant non-commercial links, and nothing to establish that Baker Delight Lies was making any commercial gain, from visitors or advertising or otherwise, or attempting to divert users looking for Bakers Delight’s t/a Cobs Bread in Canada & America site.
Bakers Delight Lies