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[artchain]

There is a technology used to build some websites...  let's call it XYZ.  A large corporation, XYZ Corp, has a registered trademark for XYZ.

There is growing dislike of XYZ.

I would like to create a website with the domain name "XYZ-free.com"

The site would list reasons for avoiding XYZ, and invite web designers to sign a "pledge" to not use XYZ, in exchange for a free listing in the site directory.  (The site would also make clear that it is not in any way associated with XYZ Corp.)

We would also create a distinctive graphic including the words XYZ-free for designers to display on their website.

Does this use infringe on the XYZ trademark?   

[Spielman]

If you are concerned about the UDRP, there is a  line of cases which have found that criticism websites can be valid and will not be transferred. Of course, clear disclaimers are helpful in proving up your case. Here is a list of some cases to look at in the UDRP world. See Bloomberg L. P. v. Secaucus Group, FA 97077 (Nat. Arb. Forum June 7, 2001); Wal-Mart Stores, Inc. v. wallmartcanadasucks.com, D2000-1104 (WIPO Nov. 23, 2000); Bridgestone Firestone, Inc. v. Myers, D2000-0190 (WIPO July 6, 2000); Kohler Co. v. Thomas Mcivor FA1245293 (Nat. Arb. Forum March 16 2009). f course there are cases where the public was not clear that the website was a criticism site.

In the Federal Court sense of things, some interesting cases which have relevance are as follows:
Taubman Co. v. Webfeats, 319 F.3d 770 (6th Cir. Mich. 2003) and Lamparello v. Falwell, 420 F.3d 309 (4th Cir. Va. 2005). The impression of the site has a significant impact on the risk involved.

The use of the word "free" raises some interesting thoughts though, as they do not appear to connote the feeling of a gripe or "sucks" site. There will likely be an argument of initial interest confusion.

[artchain]

The use of the word "free" raises some interesting thoughts though, as they do not appear to connote the feeling of a gripe or "sucks" site. There will likely be an argument of initial interest confusion.

Interesting point, and one I had not considered.  I was thinking of "XYZ-free" as in "free of" - like a Chinese restaurant advertising "MSG free"

But I can see that, in this case, the site would come up on searches when someone was looking for "free XYZ" and might cause initial confusion