Tuesday, April 18, 2006

Jerry Loses

From Raw Story:

The Supreme Court, on Monday, turned down an appeal of a case by Jerry Falwell to shut down a Website that bares an almost identical name but attacks the evangelist’s views on gays and lesbians, RAW STORY has found.

Last August the 4th U.S. Circuit Court of Appeals ruled that Christopher Lamparello was free to operate his website at www.fallwell.com because he had “not evidenced a bad faith intent to profit” from it (PDF link to Appeals Court opinion).

“We agree with the Fifth and Sixth Circuits that, given these circumstances, the use of a mark in a domain name for a gripe site criticizing the markholder does not constitute cybersquatting,” the Appeals court said.

According to an Associated Press report, “Falwell’s attorneys have fought over domain names in the past. Three years ago, an Illinois man surrendered the domain names jerryfalwell.com and jerryfallwell.com after Falwell threatened to sue for trademark infringement.”

Trademark infringement? Well, I’m not surprised; Jerry does sell a lot of snake oil.