HomeDepotSucks

Well, not really. Actually, I like shopping at Home Depot.

However, someone who thinks differently recently prevailed in a UDRP brought by Home Depot. The Respondent was represented by the University of San Francisco Internet and Intellectual Property Justice Clinic.

Click here for a copy of the decision.

Homer TLC, Inc. is the owner of the famous HOME DEPOT and THE HOME DEPOT trademarks – actually at least 31 United States federal registrations for trademarks incorporating “HOME DEPOT,” and also hundreds of registrations for HOME DEPOT trademarks worldwide.

The Respondent registered HOMEDEPOTSUCKS.com.

The panel, following previous cases, decided that the term “sucks” is sufficient to distinguish the disputed domain name from Complainant’s THE HOME DEPOT mark. The panel also held that the Respondent’s use of the domain name as a protest site is a legitimate noncommercial or fair use under Policy ¶4(c)(iii).

Thanks to EFF.