trademark Why PaypalSucks.com isn't a TM problem?

[bluemeteor]

I found out that PaypalSucks.com is live.
How could this not be an TM problem?

 

[Kate]

Because it falls within fair use. It is a bona fide website that acts as a platform for criticism (free speech).

 

[Kuffy]

I used PreyPal.com for a few years when I was fighting them. I didn't have any problems with the name, and I won the issue - if not having to pay is winning. I've probably cost them some customers as well, but actions such as reminding people that they had to pay$600 million in compensation for the misuse of clients funds. That court action was the reason the moved out of the US and escape regulation.

It took up a lot of time - fighting stops you earning money, so I probably lost in real terms.

 

[Dominique]

Under the proper set of circumstances,
“sucks” domain name can legitimately serve as an address of criticism site.

Wipo Overview 3.0 states:
2.6.3. Where the domain name is not identical to the complainant’s trademark, but it comprises the mark plus a derogatory term (e.g., <trademarksucks.tld>), panels tend to find that the respondent has a legitimate interest in using the trademark as part of the domain name of a criticism site if such use is prima facie noncommercial, genuinely fair, and not misleading or false.
Some panels have found in such cases that a limited degree of incidental commercial activity may be permissible in certain circumstances (e.g., as “fundraising” to offset registration or hosting costs associated with the domain name and website).

Some good article about these types of cases:
http://www.khuranaandkhurana.com/20...onfusingly-similar-or-identical-domain-names/
+ "marlborosucks.com" case (2017)