Unconvent. Abbrevs.: Putting Joseph Estrada to the Test

Case: D2002-0162

Domain(s): estratest.com

Complainant: Solvay Pharmaceuticals Inc.

Respondent: Taeho Kim and Philippine Inc.

The Defense:

The Respondents contend first that the word Estratest is a corruption of part of the surname of the thirteenth Philippine President, Joseph Estrada and the suffix to the name "- test" is the ordinary English use of that word suggesting an inquiry.

Next it is contended for the Respondents that Estratest is in any event generic or descriptive being a common combination of two English words used by a variety of businesses. It is claimed that there are many such uses of the word mark ESTRATEST throughout the world although no examples of such have been given.

In essence, the Respondents claim that they established the disputed domain for the purposes of providing a criticism of former Philippine President Estrada even though the intentions to set up a website for that purpose never eventuated. For various reasons the site was not so used and the Respondents made the decision to allow the site to default to pornographic sites.