50) Those decisions conclude that there is no confusing similarity between the trade-mark and the domain name because both common sense and the plain language of the UDRP support the view that a domain name combining the trade-mark with the word "sucks" or other such language clearly indicates that the domain name is not affiliated with the trade-mark owner.
A domain name with "truthabout-" before a trade-mark in a domain name was distinguished from "-sucks" names on the basis that the word "sucks" suggests critical commentary, whereas the phrase "truth about" has no such connotation and confuses Internet users by including the complainant's mark in its domain name.
Domain names comprising famous trade-marks combined with the word "nude" or "sex" are subject to an analysis similar to the "sucks" names, but UDRP panels are more likely than courts to find possible confusion, because words like "sex" are not as obviously dissociated from the trade-mark owner as "sucks".
com> where the website operator has no permission to use the trade-mark or trade name and criticizes the trade-mark or trade name owner.
59) The ACPA protects owners of distinctive or famous trade-marks by providing a cause of action against a person who, in bad faith, registers, uses or trafficks in a domain name that is identical or similar to a distinctive trade-mark, or that dilutes a famous mark.
63) The use by a customer of a domain name including the trade-mark of a business for a website describing a customer's negative experience with the trademark owner is a non-commercial purpose and does not suggest a bad faith intent to profit under the ACPA.
Where the use of a trade-mark in association with a critical website results in a likelihood of confusion or a misrepresentation, there may be liability for a violation of trade-mark rights, even if the website has a disclaimer.
Liability has also been found where the domain name includes the trade-mark purely to attract users to a site which bears no relationship to the trade-mark owner's product or where the domain name is used to link to unrelated sites.
the plaintiff, owner of the EXPRESSVU trade-mark and the domain name [much less than]expressvu.
However, if the use of a domain name comprising a trade-mark results in a likelihood of confusion or misrepresentation, there may be trade-mark infringement or passing off.
Under the UDRP, a finding of a good faith non-commercial use, one of the legitimate interest factors, is usually precluded where the registrant chooses a domain name that consists solely of the complainant's trade-mark.
Some panels have held that using a domain name for a website that attacks the owner of the trade-mark reflected in the domain name is a bad faith use.