Thus, such users may believe that any name using the trade-mark is associated with the complaint.
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.
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.
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.
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.
97) A parody site whose name reflected the trade-mark of the target was held to be a legitimate interest.
99) There is an emerging consensus that, when used for a United States based criticism site, a domain name comprising a trade-mark can constitute a legitimate interest when there is no indicium of bad faith.