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June 01, 2005
USATODAY.com - Court hears Falwell Web domain arguments
Yet another important Domain Name as Speech case is playing itself out in Richmond, VA. We are, of course, hoping that the 4th US Circuit Court of Appeals overturns the previous ruling. Again, this is a case of criticism that should be allowed to stand as such, and its non commercial status should be ruled as completely outside of trademark law.
Trademark law was carved out of the First Amendment to protect the CONSUMER (not the maker of a product or holder of a trademark) from confusion as to the source of a product or service. Few consumers could possibly be stupid enough to figure that a criticism site was written by the target of the criticism.
USATODAY.com - Court hears Falwell Web domain arguments: " RICHMOND, Va. — A Web site critical of the Rev. Jerry Falwell's views on gays contains constitutionally protected, noncommercial speech and should be allowed to keep its name — a common misspelling for the conservative evangelist, a lawyer for the site owner argued Thursday. Christopher Lamparello of New York City, who operates fallwell.com, took his case to the 4th U.S. Circuit Court of Appeals seeking to reverse a federal judge's ruling that he violated federal trademark law. A lawyer for Falwell maintained Lamparello's use of a variation of the preacher's name bordered on theft. "It's been wrong to steal since Moses came down from the mountain," attorney John H. Midlen Jr. said.
(Via USA Today.)
Posted by mikki at June 1, 2005 10:21 AM
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