Latest news of the domain name industry

Recent Posts

.sucks registry probably “connected” to mass cybersquatter, panel rules

Kevin Murphy, August 19, 2021, Domain Registries

Vox Populi, the .sucks registry, is probably affiliated with and financially benefiting from a mass cybersquatter, a panel of domain experts has said.

In the UDRP case of Euromaster v Honey Salt, a three-person panel handed the complainant the domain euromaster.sucks, ruling that it was a case of cybersquatting.

It’s one of 21 .sucks UDRP complaints filed against Honey Salt, a Turks & Caicos company operating under unknown ownership believed to own hundreds or thousands of brand-match .sucks domains.

It’s lost 17 of the 19 so-far decided cases. It also won one case on a technicality and another early case on the merits after mounting a free-speech defense that subsequent panels have not bought.

What’s new about this one is that the WIPO panel — Lawrence Nodine, Douglas Isenberg and Stephanie Hartung — is the first to follow the money and openly infer a connection between Honey Salt and Vox Pop.

The panel said that it “infer[s] that the Respondent [Honey Salt] and Registry [Vox Pop] are connected”, and that Vox is probably trying to make money by charging trademark owners premium fees for their own brands.

Vox Pop has previously denied such a connection, when I first made the same inference last October.

Regular readers will recall that Honey Salt has registered hundreds of .sucks domains and pointed them to a wiki-style web site called Everything.sucks, ostensibly run by a third-party, US-based non-profit.

Rather than containing original “gripe” content, which could easily enable it to win a free-speech UDRP defense, Everything.sucks simply populates its site with poor-quality, context-free content scraped by bots from social media and third-party web sites such as TrustPilot and GlassDoor.

Originally, each page carried a banner linking to a secondary market page at Uniregistry or Sedo where the domains could be purchased, often at cost price.

That quickly disappeared when the first UDRP cases started rolling in, and earlier this year Everything.sucks said on each page that it refused to sell its domains to anyone, instead offering a free transfer.

It even published the pre-authorized transfer codes on each page, meaning literally anyone could seize control of the domain in question without asking permission from or negotiating with Honey Salt in advance.

The problem with that is that transfers are not free. Some domains are flagged as premium — including lots of brand-matches — and have transfer fees in the thousands of dollars. Even the cheapest still carry the base registry fee.

Many registrars steer well clear of this model, disallowing any .sucks transfers.

One registrar that reliably does allow .sucks transfers is Rebel, which is sister company to Vox Pop under the Momentous group of companies. It offers .sucks domains at the registry wholesale fee, which is $200 for an non-premium.

It’s been painfully obvious since the outset that the only parties that stand to make a profit on the Everything.sucks business model are the registry and its affiliated companies — it simply doesn’t make sense that Honey Salt would invest hundreds of thousands of dollars in trademark-infringing domains, simply to hand them over at cost.

But the Euromaster panel is the first to infer the connection, or at least the first to publicly infer the connection.

Euromaster had filed a supplemental document in its complaint pointing out that the “free” transfer of euromaster.sucks would in fact cost a “premium” fee of $2418.79. The registrar quoting that fee is not revealed.

The WIPO panel asked Honey Salt for an explanation and it sounds like it got a bunch of procedural waffle in response.

This led to the following discussion, to which I’ve added some emphasis:

The Panel also finds that Respondent [Honey Salt] has failed to show that it has no financial interest in the Disputed Domain Name. Complainant’s Supplemental submissions demonstrate that Complainant’s chosen registrar quoted a fee of USD 2418.79 to transfer the Disputed Domain Name. Complainant’s report is consistent with M and M Direct Limited v. Pat Honey Salt, Honey Salt Limited, WIPO Case No. D2020-2545, where a different panel conducted an independent investigation and reported that the domain name at issue in that case was not offered “free” as promised, but instead that registrars classified the domain names at issue as “premium” and quoted transfer fees of USD 3,198 and USD 4,270 respectively.

This directly contradicts any claim to be offering a free and noncommercial service, and given that any registration would result in a fee being paid to the Registry by a registrar, leads the Panel to infer that the Respondent [Honey Salt] and Registry [Vox Pop] are connected.

Given the prior decision in M and M Direct, and the evidence that Complainant’s Supplemental submissions, the Panel afforded Respondent an opportunity to submit additional argument and evidence to explain the inconsistency. Respondent made no effort to do so, but instead only opposed consideration of Complainant’s supplemental evidence and repeated its previous contentions. The Panel rejects the objections to Complainant’s Supplemental submission, and emphasizes that Respondent was given an opportunity fully to respond.

The Panel finds that Complainant’s evidence raises substantial questions about the credibility of Respondent’s assertion that it has no financial interest in the Disputed Domain Name and whether Respondent’s offer to transfer the Disputed Domain might, directly or indirectly, financially benefit Respondent. Accordingly, the Panel finds that Respondent has not carried its burden to show that its use is noncommercial

In other words, the panel suspects that Vox Pop is in on Honey Salt’s bulk-cybersquatting game.

The closest any other UDRP panel has come to making this link was in a recent case filed by multiple, unrelated trademark owners, where the panel, while denying the complaint on procedural grounds, suggested that aggrieved trademark owners instead invoke ICANN’s Trademark Post Delegation Dispute Resolution Procedure.

The Trademark PDDRP is a mechanism — so far unused and untested — that allows trademark owners to allege registry complicity in cybersquatting schemes. Think of it like UDRP for cybersquatting registries.

Frankly, I’m amazed it hasn’t been used yet.

As judge freezes assets, is this OnlineNic domain portfolio really worth $70,000?

A California court has frozen the assets of beleaguered Chinese/American registrar OnlineNic, at the behest of Facebook, which is suing the company for alleged cybersquatting.

The judge in the case Friday mostly granted Facebook’s request for a temporary restraining order, banning OnlineNic from transferring money or domains out of the country.

It had discovered that the registrar had started transferring domains it has registered in its own name — about 600 of them — out of the country, to China-based Ename.

OnlineNic had told the court it could no longer afford to defend the case, and that it would shut up shop July 26.

Following Facebook’s request for a TRO, the registrar said it was merely moving the names to Ename so it could use its secondary market platform to raise $70,000 of the $75,000 needed to pay the so-called “Special Master”.

This is a court-appointed agent who had conducted a review of OnlineNic’s ticketing system records and found the company had deleted or obfuscated huge chunks of potential evidence.

OnlineNic has now told the court that it’s found a potential buyer, willing to pay $70,000 for the names in question.

This is the portfolio (pdf).

I’m no domain broker — I’m not even a domain investor — but even I have to wonder who would pay $70,000, or about $120 per name, for this junk. By sight alone, hardly any of them seem to be worth the base reg fee.

I’m guessing they’re dropped domains with traffic and/or the opportunity of selling them back to a forgetful original registrant.

Facebook’s war on privacy claims first registrar scalp

China’s oldest accredited registrar says it will shut up shop permanently next week after being sued into the ground by Facebook, apparently the first victim of the social media giant’s war against Whois privacy.

Facebook sued OnlineNIC in 2019 alleging widespread cybersquatting of its brands. The complaint cited 20 domains containing the Facebook or Instagram trademarks and asserted that the registrar, and not a customer, was the true registrant.

The complaint named ID Shield, apparently OnlineNIC’s Hong Kong-based Whois privacy service, as a defendant and was amended in March this year to add as a defendant 35.cn, another registrar that Facebook says is an alter ego of OnlineNic.

The amended complaint listed an addition 15 squatted domains, for 35 in total.

This week, OnlineNIC director Carrie Yu (aka Carrie Arden aka Yu Hongxia), told the court:

Defendants do not have the financial resources to continue to defend the instant litigation, and accordingly no longer intend to mount a defense. Defendants do not intend to file any oppositions to any pending filing… Subject to any requirements of ICANN, Defendants intend to cease business operations on July 26, 2021.

But Facebook reckons the registrar is about to do a runner to avoid paying almost $75,000 in court fees already incurred and avoid the jurisdiction of the California court where the case is being heard.

Facebook had asked for $3.5 million in penalties in a proposed judgment and OnlineNIC had not opposed.

While it presents itself as American, it appears that OnlineNIC is little more than a shell in the US.

Its official headquarters are little more than a lock-up garage surrounded by builders’ merchants in a grim, windowless facility just off the interstate near Oakland, California.

Its true base appears to be a business park in Xiamen, China, where 35.cn/35.com operates. The company has boasted in the past of being China’s first and oldest ICANN-accredited registrar, getting its foot in the door when the floodgates opened in 1999.

Facebook is now asking the court for a temporary restraining order freezing the defendants’ financial and domain assets, and for a domain broker to be appointed to liquidate its domain portfolio.

If you’re a legit OnlineNIC customer, you might be about to find yourself in a world of hurt.

OnlineNIC had just over 624,000 gTLD domains under management at the last count. 35.cn had another 200,000.

The lawsuit is one of three Facebook is currently fighting against registrars, one prong of its strategy to pressure the ICANN community to open up Whois records rendered private by EU law and consequent ICANN policy.

OnlineNIC is the low-hanging fruit of the trio and the first to be sued. It already faced cybersquatting cases filed by Verizon, Yahoo and Microsoft in 2009. The Verizon case came with a $33 million judgment.

Facebook has also sued the rather less shady registrars Namecheap and Web.com (now Newfold Digital) on similar grounds.

Panel hands .sucks squatter a WIN, but encourages action against the registry

A UDRP panel has denied a complaint against .sucks cybersquatter Honey Salt on a technicality, but suggested that aggrieved trademark holders instead sic their lawyers at the .sucks registry itself.

The three-person World Intellectual Property Organization panel threw out a complaint about six domains — covestro.sucks, lundbeck.sucks, rockwool.sucks, rockfon.sucks, grodan.sucks, tedbaker.sucks, tedbaker-london.sucks, and tedbakerlondon.sucks — filed jointly by four separate and unrelated companies.

The domains were part of the same operation, in which Turks & Caicos-based Honey Salt registers trademarks as .sucks domains and points them at Everything.sucks, a wiki-style site filled with content scraped from third-party sites.

Honey Salt has lost over a dozen UDRP cases since Everything.sucks emerged last year.

But the WIPO panel dismissed the latest case without even considering the merits, due to the fact that the four complainants had consolidated their grievances into a single complaint in an apparent attempt at a “class action”.

The decision reads:

although the Complainants may have established that the Respondent has engaged in similar conduct as to the individual Complainants, which has broadly-speaking affected their legal rights in a similar fashion, the Complainants do not appear to have any apparent connection between the Complainants. Rather it appears that a number of what can only realistically be described as separate parties have filed a single claim (in the nature of a purported class-action) against the Respondent, arising from similar conduct. As the Panel sees it, the Policy does not support such class actions

The panel decided that to force the respondent to file a common response to these complaints would be unfair, even if it is on the face of it up to no good.

Making a slippery-slope argument, the panel suggested that to allow class actions might open up the possibility of mass UDRP complaints against, for example, domain parking companies.

So the case was tossed without the merits being formally considered (though the panel certainly seemed sympathetic to the complainants).

But the sting in the tale comes at the end: the panel allowed that the complainants may re-file separate complaints, but also suggested they invoke the Trademark Post Delegation Dispute Resolution Procedure.

That’s interesting because the Trademark PDDRP, an ICANN policy administered by WIPO and others, is a way to complain about the behavior of the registry, not the registrant.

It’s basically UDRP for registries.

The registry for .sucks domains is Vox Populi, part of the Momentous group of companies. It’s denied a connection to Honey Salt, which uses Vox sister company Rebel for its registrations.

According to ICANN: “The Trademark PDDRP generally addresses a Registry Operator’s complicity in trademark infringement on the first or second level of a New gTLD.”

Complainants under the policy much show by “clear and convincing evidence” that the registry operator or its affiliates are either doing the cybersquatting themselves or encouraging others to do so.

There’s no hiding behind shell companies in tax havens — the policy accounts for that.

The trick here would be to prove that Honey Salt is connected to Vox Pop or the Momentous group.

Nothing is known about the ownership of Honey Salt, though Whois records and UDRP decisions identify a person, quite possibly a bogus name, as one “Pat Honeysalt”, who has no digital fingerprint to speak of.

The most compelling piece of evidence linking Honey Salt to Vox is gleaned by following the money.

The current business model is for Everything.sucks to offer Honey Salt’s domains for “free” by publishing transfer authorization codes right there on the squatted domain.

But anyone attempting to claim these names will still have to pay a registrar — such as Rebel — a transfer/registration fee that could be in excess of $2,000, most or all of which flows through to Vox Pop.

If we ignore the mark-up charged by non-Rebel registrars, the only party that appears to be profiting from Honey Salt’s activities appears to be the .sucks registry itself, in other words.

On its web site, Everything.sucks says it’s a non-profit and makes the implausible claim that it’s just a big fan of .sucks domains. Apparently it’s a fan to the extent that it’s prepared to spend millions registering the names and giving them away for free.

An earlier Everything.sucks model saw the domains listed at cost price on secondary market web sites.

The Trademark PDDRP, which appears to be tailor-made for this kind of scenario, has not to my knowledge been used to date. Neither WIPO nor ICANN have ever published any decisions delivered under it.

It costs complainants as much as $30,500 for a three-person panel with WIPO and has a mandatory 30-day period during which the would-be complainant has to attempt to resolve the issue privately with the registry.

The six domains in the UDRP case appear to have all gone into early “pending delete” status since the decision was delivered and do not resolve.

Honey Salt stops responding to .sucks cybersquatting complaints

Kevin Murphy, May 27, 2021, Domain Policy

.sucks cybersquatter Honey Salt has stopped responding to UDRP and URS complaints related to the affiliated Everything.sucks web site.

Three UDRP decisions and one URS decisions resolved since early April have stated that the shadowy Turks & Caicos company defaulted or did not respond to the complaints.

It lost all four cases, all on pretty much the same grounds, losing its domains or having them suspended as a result.

Panelists concluded that while Everything.sucks presents itself as a grassroots free-speech wiki populated by user-generated content, in reality it’s just stuffed with undated, anonymous, context-free comments scraped from third-party web sites and designed to pressure brand owners into buying their .sucks domains.

Honey Salt has been hit with 19 UDPR and URS complaints covering 27 .sucks domains since last September. It’s lost all bar one of those that have been decided, an early UDRP in which the panelist bought its free-speech defense.

With the precedent that Everything.sucks is a cybersquatting enterprise pretty solidly set, it presumably doesn’t make much sense for Honey Salt to pay expensive lawyers to put up a defense any more.

In earlier cases, when Honey Salt was still responding, the company was represented by Orrick, Herrington & Sutcliffe, the US law firm that has also worked for .sucks registry Vox Populi.

Now celebrities and politicians can block their porn names

Celebrities and holders of unregistered trademarks are now able to buy porn domain blocks from MMX.

The company’s subsidiary, ICM Registry, has broadened its eligibility criteria in order to shift more units of the product, upon which it is banking much of its growth hopes.

Previously, to get an AdultBlock subscription you either had to have previously blocked your brand using ICM’s Sunrise B scheme, which ran in 2011, or to have a trademark registered in the Trademark Clearinghouse.

Now, you don’t need to be in the TMCH, and your trademark does not even need to be legally registered.

Celebrities and politicians are explicitly covered. They have to provide evidence to prove their fame, such as IMDB profiles or movie posters. Politicians need to provide links or documentation proving their political activities or government roles.

AdultBlock prevents brands being registered in MMX’s .porn, .adult, .xxx and .sex gTLDs, as an alternative to defensive registrations. The AdultBlock+ service also blocks homographs.

When .xxx launched a decade ago, thousands of celebrity names, largely harvested from Wikipedia, were blocked by default and free of charge.

ICM even blocked the names of 2011-era ICANN executives and directors. Then-CEO Rod Beckstrom benefited from a block on rodbeckstrom.xxx that survives to this day. Current CEO Göran Marby does not appear to have afforded the same privilege.

My name is also blocked, because it’s a match with goodness knows how many famous people called Kevin Murphy.

Despite the obviously sensitive nature of the TLDs for many brands, there’s been very little cybersquatting in .xxx in the near-decade since its launch. There have been a few dozen UDRP complaints, and most of those were filed in 2012.

MMX, amid poor renewals for its less porny gTLDs, has placed a lot of focus on AdultBlock renewals for its short-term growth.

The company is in the process of having its assets acquired by GoDaddy for $120 million, with the deal expected to close in August, subject to various approvals.

Everything.sucks publishes transfer auth codes for thousands of domains in latest .sucks pimpage

Kevin Murphy, April 19, 2021, Domain Registries

Everything.sucks, which is quickly emerging as one of the world’s most prominent organized cybersquatting projects, has a novel new way to sell .sucks domains without, technically, selling them.

The company, which casts itself as a “non-profit organization and communications forum for social activism” has published the transfer authorization codes for what appears to be the thousands of .sucks domains in its portfolio.

This means that anyone can transfer any of the company’s .sucks domains into their own registrar account with just a few clicks and without asking the current registrant — if they can afford the exorbitant transfer fee and don’t mind legal exposure.

You may recall that Everything.sucks is a Wikipedia-style web site that is fed by traffic from thousands of .sucks domains that, as the company freely admits, match the trademarks of famous companies.

Typing poptarts.sucks into your browser address bar will take you to the Everything.sucks wiki pages for Pop-Tarts, which contains content critical of the brand scraped from third-party web sites.

Everything.sucks emerged last year, and in October I reported that hundreds of .sucks domains were pointing there.

At the time, the web site carried banner ads on each brand’s page that took visitors to secondary-market sales pages at Sedo or Uniregistry, where the price was usually the same as the .suck’s registry’s wholesale price of $200.

I thought it was weird that a registrant at the very least flirting with cybersquatting would put up their domains at cost price, but Vox Populi, the registry, denied any involvement with the domains.

The registrant of these names, according to several UDRP decisions that it lost, is a probably fictitious individual named Pat Honeysalt, from a company called Honey Salt Ltd based in either Turks & Caicos or the UK.

Honey Salt has told UDRP panels that it registers the names on behalf of Everything.sucks. Given the volume of registrations, it must have spent many millions of dollars.

In any event, shortly after the UDRP cases started trickling in and not long after DI’s initial coverage, the banner ads on the .sucks pages disappeared.

And now, the auth codes have appeared. It looks like this:

Poptarts

Publishing auth codes right there on its web site appears to be the latest stage in a cat-and-mouse game Everything.sucks is playing with the trademark lawyers pursuing it through the UDRP process.

The boilerplate reads:

We occasionally buy a dot sucks domain and point it at a specific page. We do this to bring awareness to our site and because, well, we love the dot sucks domain. If you ask us if we would sell the domain, our answer is simple. Absolutely not. We will give it to you.

It’s not technically offering to sell these domains any more, right? As far as this nominal non-profit is concerned, it’s giving them away for free to anyone who wants them, including the brand’s owner.

But if you want the names, you’ve still got to pay for the transfer, of course. In the case of poptarts.sucks, it’s $2,399 at the registrar screen-capped below. Another registrar has the same name priced at $2,599.99.

Poptarts

If we’re following the money here, the only beneficiaries that spring to mind are Vox Pop, which gets its fat-margin registry fee, and the hapless registrar, which gets whatever its markup on a .sucks domain transfer is.

I tried these auth codes at six leading registrars and found that four of their shopping carts informed me point-blank that they do not support .sucks transfers at all.

Facebook gunning for Web.com in latest $27 million-plus cybersquatting lawsuit

Kevin Murphy, April 16, 2021, Domain Registrars

Facebook has sued what it believes is a Web.com subsidiary, claiming the company has been engaged in wholesale cybersquatting for well over a decade.

The complaint, filed in a Pennsylvania District Court, alleges that New Venture Services Corp current owns 74 domains, and has previously owned 204 more, that infringe its Facebook, Instagram and WhatsApp trademarks.

While no other named defendants are listed, the complaint makes it abundantly clear that it believes NVSC is a subsidiary of Web.com and a sister of Network Solutions, Register.com, SnapNames and Perfect Privacy.

Facebook is suing partly under the Anti-Cybersquatting Consumer Protection Act, allowing it to claim $100,000 damages per infringing domain, so we’re looking at a floor of $27.8 million of potential damages should the lawsuit be successful.

But it’s also looking for NVSC to hand over any profits it’s made from the domains in question, which are generally parked with ads and listed for sale via the SnapNames network for premium fees.

While NVSC is registered in the British Virgin Islands and uses a Pennsylvania post office box as its mailing address, there’s a wealth of evidence going back to 2007 that it’s been affiliated first with NetSol and then Web.com.

Web.com’s last regulatory filing before it went private in 2017 lists NVSC as a subsidiary, which is probably the most compelling piece of evidence establishing ownership.

It appears that NVSC is a shell company that Web.com uses to hold potentially valuable or traffic-rich domains that its customers have allowed to expire. The names are then parked and put up for resale.

Example domains listed in the complaint include httpinstagram.com, faceebbok.com, facebooc.net, instagram-login.com, and installwhatsapps.com.

One would have to assume these names were captured using a fully automated process; even a cursory human review would clock that they’re useful only to bad actors.

The lawsuit is the latest in Facebook’s crusade against mainstream registrars it believes are profiting by infringing its trademarks, which has already ensnared Namecheap a year ago and OnlineNIC in October 2019.

Namecheap recently filed a counterclaim in which it tries to get some of Facebook’s trademarks cancelled.

Facebook has all but admitted that putting legal pressure on registrars is part of its strategy when it comes to getting the policies it wants out of ICANN on privacy and Whois access, where there’s currently an impasse.

Here’s the complaint (pdf).

.sucks mystery deepens. Who the hell is Pat Honeysalt?

Kevin Murphy, March 24, 2021, Domain Registries

Another two .sucks domain names registered by the gTLD’s most prolific registrant have been found to be cases of cybersquatting, but now the squatter’s true identity is becoming more opaque.

In two recently decided UDRP cases before WIPO, registrant Honey Salt Ltd was found to have cybersquatted by registering and offering for sale bfgoodrich.sucks, uniroyal.sucks and tetrapak.sucks.

While earlier cases filed with the Czech Arbitration Forum had identified Honey Salt as a Turks & Caicos company, the latest few WIPO cases say it is a UK-based company.

However, searches at UK Companies House do not reveal any company matching that name.

The latest WIPO cases also identify an individual allegedly behind said company as a respondent, one “Pat Honeysalt”.

That’s either a pseudonym, or we’ve found one of those people who have somehow managed to keep their name out of Google’s index despite being well-funded and tech-savvy.

Honey Salt is believed to be the registrant of thousands of .sucks domains, all matching the trademarks of big companies, which all point to Everything.sucks, a wiki-style web site comprising scraped third-party criticism targeting the brands in question.

Its defense in its UDRP cases to date has been that it is providing non-commercial free speech criticism, and that the inclusion of “.sucks” in the domain means users could not possibly believe the site is officially sanctioned by the brand.

All but one UDPR panel has so far not believed this defense, with panelists pointing out that the domains in question are usually listed for sale on the secondary market (sometimes at cost, sometimes at an inflated price).

They further point out that the criticism displayed on the Everything.sucks site was written by third parties, often prior to the registration of the domain in question, so Honey Salt cannot claim to be exercising its own free-speech rights.

Honey Salt is represented in its UDRP cases by the very large US-based law firm Orrick, Herrington & Sutcliffe, which also represents .sucks registry Vox Populi.

Everything.sucks, in losing UDRPs, puts the lie to the .sucks business model

The World Intellectual Property Organization has delivered its first UDRP decision concerning a .sucks domain name, ruling that the name sanofi.sucks is in fact cybersquatting.

The three-person panel ruled that the domain was identical or confusingly similar to a trademark owned by Sanofi, a French pharmaceuticals manufacturer involved in producing vaccines for the COVID-19 virus.

That was despite the fact that the registrant, affiliated with the Everything.sucks project, argued that nobody would think a domain name ending in “.sucks” would be affiliated with the trademark owner.

That argument flies in the face of official .sucks registry marketing from Vox Populi Registry, which positions .sucks as a place for brand owners to consolidate and manage customer criticism, feedback and support.

The sanofi.sucks case is one of two UDRP losses in the last few weeks for Honey Salt, a Turks and Caicos-based company that is believed to account for over a third of all .sucks registrations.

Honey Salt has registered thousands of brand names in .sucks, linking them to a wiki site operated by Everything.sucks Inc that contains criticism of the brands concerned copied from third-party web sites such as TrustPilot and GlassDoor.

There’s evidence that Everthing.sucks and Honey Salt are affiliated or share common ownership with Vox Pop, but the registry has denied this.

In the Sanofi case, Honey Salt mounted a free speech defense, saying it was providing a platform for legitimate criticism of the company and that Sanofi was using the UDRP to silence such criticism.

Sanofi claimed that the domain had in fact been registered for commercial purposes and to unfairly suggest an official connection to the company.

But what’s interesting is how Honey Salt argues that the domain itself, regardless of the associated web site’s content, is not confusingly similar to the Sanofi mark. The WIPO panelsts wrote, with my added emphasis:

The Respondent maintains that the disputed domain name is not identical or confusingly similar to a trademark in which the Complainant has rights. According to it, the “.sucks” gTLD is not like other generic TLDs, and its pejorative nature renders the disputed domain name as a whole nonidentical and prevents confusion, and the inclusion of “.sucks” in the disputed domain name makes clear that the associated website is not affiliated with the Complainant, but instead contains criticism of it and of its business.

In other words, if you visit a .sucks domain, you automatically will assume that the site is not associated with the brand owner.

Honey Salt seems to have made an identical argument in the UDRP case of cargotec.sucks, which it also lost at the Czech Arbitration Forum last month. The panelists in that decision summarized the company’s defense like this:

The TLD at issue here, however, .sucks, is not like other generic top level domains. Its pejorative nature renders the domain name as a whole nonidentical and prevents confusion… The inclusion of “.sucks” makes abundantly clear that the website is not affiliated with Complainant and instead contain criticism of its business.

Again, this is completely contrary to the stated goal of the .sucks registry.

Vox Pop has from the outset claimed that .sucks domains are a way for brands to aggregate customer feedback and criticism in one place, using a .sucks domain controlled by the brands themselves.

That purpose goes all the way back to its 2012 ICANN new gTLD application and continues to this day on its official web site and Twitter feed, which is primarily used to goad companies undergoing media controversies into registering and using their .sucks exact-match.

Back in 2015, Vox Pop CEO John Berard told us:

A company would be smart to register its name because of the value that consumer criticism has in improving customer loyalty, delivering good customer service, understanding new product and service possibilities… They’re spending a lot more on marketing and customer service and research. This domain can another plank in that platform

Vox Pop even owns and uses voxpopuli.sucks and dotsucks.sucks, where it hosts a little-used forum welcoming criticism from people who say the company sucks.

But Honey Salt, its largest registrant by a significant margin, is now on-record stating that .sucks domains only imply ownership by third parties and could not possibly be confused with brand-owner ownership.

If the Many Worlds interpretation of quantum mechanics is correct, there exists a corner of the multiverse in which Honey Salt and Everything.sucks are just fronts for the entities that also control Vox Pop and its top registrar, Rebel.com. In that universe, it would be trippy indeed for the registry’s own affiliates to admit its entire stated business model is bullshit.

In our universe, that particular cat, which very probably has a goatee, is still firmly in the box, however.

Speculative forays into science fiction aside, Honey Salt’s record on UDRP is now three losses versus one win. It has six more cases pending at WIPO