In December, 2000, Kenneth Harvey, the owner of WallMartcanadasucks.com won the right to retain his domain name following a WIPO adjudication which rejected Wal-Mart's attempts to grab the URL from him.
At the time, Harvey was described as "childish and unfair" the WIPO panel. Maybe so. But he won. And now he's going on the attack, by demanding that Wal-Mart hand over to him the URLs wallmartcanadasucks.net, wallmartcanadasucks.org and wallmartcanadasucks.ca. And on what ground? Yes you guessed it, the domain names contain his company name, wallmartcanadasuck.com.
If this is childish and unfair, can we have more please. We reproduce in full Harvey's letter to the mighty American retailer below. ®
It has come to our attention that Wal-Mart is the owner of wallmartcanadasucks.net, wallmartcanadasucks.org and wallmartcanadasucks.ca. We would like to inform you that these domain names contain our company name and we wish to develop them. Therefore, we ask that you relinquish the rights to these domain names to us.
Because Wal-Mart has no legitimate interest in developing these domain names, it is acting in bad faith, as detailed in ICANN's Domain Dispute Resolution Policy. The intention of "sitting on" domain names to keep them out of circulation, when a company wishes to develop them, has been ruled an act of bad faith in several recent WIPO decisions.
Unless these domain names are turned over to us by April 30th, 2001, we will have no other choice than to file a complaint with WIPO.
We trust that you will act accordingly.
Kenneth J. Harvey