Wal-Mart Stores v. Wallmartcanadasucks.com

Case No. D2000-1104 (2000)

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Wal-Mart Stores v. Wallmartcanadasucks.com

World Intellectual Property Organization Arbitration and Mediation Center
Case No. D2000-1104 (2000)

Facts

Discount retailer Wal-Mart Stores, Inc. (Wal-Mart) (plaintiff) owned the registered trademark “Wal-Mart.” After having twice been found to be a cybersquatter with respect to Wal-Mart, Kenneth Harvey (defendant) registered the domain name wallmartcanadasucks.com. Unlike the earlier cases, however, Harvey did not offer to sell the domain name to Wal-Mart, nor did Harvey demand payment of what he referred to as consulting fees. The content of Harvey’s wallmartcanadasucks.com site included criticism of Wal-Mart’s efforts to control the use of its name and trademark but did not feature significant criticism of Wal-Mart’s products or other business practices. Wal-Mart filed a complaint with the World Intellectual Property Organization Arbitration and Mediation Center, alleging that Harvey’s domain-name registration violated the Uniform Domain Name Dispute Resolution Policy (UDRP).

Rule of Law

Issue

Holding and Reasoning (Perritt, J.)

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