The panel went on to observe:
"The evidence submitted by
the Complainant shows that some posts present the
DEBIAN mark together with information about a notorious sex
cult, notorious sex
offenders, and enslavement of women, and one post displays
photographs of
physical branding allegedly on victims’ genital skin. The segues
from
information about the Complainant to this type of information
are contrived and
the scale of this information is not merely incidental on the
website. In the
Panel’s view, these posts are deliberately intended to create a
false
association between the DEBIAN trademark and offensive phenomena
and thereby
tarnish the mark."
and further concluded that:
"nothing in the Debian Social
Contract or elsewhere indicates that the
Complainant has ever consented to the type of false associations
with its mark
published by the respondent on its website. The Respondent
points out that the
DEBIAN mark is registered only in respect of software. However,
while the
relevant posts attack members of the Complainant who make
available DEBIAN
software, rather than the software itself, these posts use the
mark in
combination with the disputed domain name in a way that
intentionally seeks to
create false associations with the mark itself. "
https://www.wipo.int/amc/en/domains/search/case.jsp?case_id=58273 [5]
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