ADDRESSING COMPLAINT SITES

Tuesday, March 16th, 2010

NON-LITIGATION STRATEGIES FOR ADDRESSING COMPLAINT SITES

In order to stem the proliferation of confusing “complaint” driven domain names, many large companies (or their marketing/advertising firms) are registering or buying domain names critical of the company mark. Many companies will register the following variations on complaint sites: namesucks.com, namestinks.com, nameblows.com, ihatename.com, screwname.com, and boycottname.com.

^{In addition, a whole market has popped up for companies that monitor the Internet for abuses of a company’s trademark or copyrighted material.66 A large list of such companies is available on Yahoo!.}

The price for such monitoring, however, is not cheap. Approximately 600 companies pay about $13,000 to one company that prowls Web sites and helps with damage control when criticism hits the Internet. Less expensive techniques involve software that monitors who links to a company’s Web site.

^{Finally some companies regularly monitor complaint Web site and take a proactive approach to such complaint sites and customer complaints.}^{For example, the most captive audience at dunkindonuts.org are the executives of Dunkin’ Donuts, who fastidiously monitor the site and “occasionally send coupons and mollifying e-mail to disgruntled consumers.” Nike Inc. has taken to a peaceful counteroffensive. In response to several sites urging consumers to boycott Nike for underpaying Third World workers, the sports clothing manufacturer has created a site separate from the company’s main Web page. It features photos of a humble but clean-looking shoe manufacturing plant in China and describes benefits offered to overseas workers.” Other companies, including many computer vendors, provide at least an e-mail link (or even a Web-based forum monitored by a customer service representative who answers questions in real-time) so that frustrated customers will hopefully blow their steam directly at the company instead of complaining to the whole world.}

^{VI. CONCLUSION}

^{When a company is confronted with a customer or employee “complaint site,” there are a number of legal strategies it may follow. Whether the company pursues legal action or sets up an alternative Web site, the company will need to follow a carefully thought out strategy in order to minimize any disruption to the business or any harm to the company trade name or trade marks.}