Court Rules In Favor Of Domain Owner Using Trademark To Criticize The Company

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  • KRL
    Entrepreneur
    • Oct 2002
    • 31429
    #1

    Court Rules In Favor Of Domain Owner Using Trademark To Criticize The Company

    Interesting legal case where the court ruled in favor of the domain owner using BosleyMedical.com to criticize the company because the owner of the domain had a hair restoration done and wasn't happy with the results.

    Bosley claimed the domain owner was infringing on their company trademark by using it in the domain.

    The court ruled against Bosley.

    Full details on this link:

    http://story.news.yahoo.com/news?tmp...h&sid=95573501
    If you would like to develop your domains, you can lease inexpensive foreign labor
    from the leaders in the field at iWebmasters.com TO LOWER YOUR COSTS AND INCREASE YOUR PRODUCTION!
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    Domains Adult News KRL's Newsletter Biz Tips Just Listed Domains
    Tags: None
    • Rochard
      Jägermeister Test Pilot
      • Dec 2001
      • 75733
      #2
      This is interesting and perhaps more of us should take notice about this.

      I think this is wrong. This person purchased a domain name that is the company name and used it to slam a company (or hospital, whatever). Free speech is the right to take out an ad in the newspaper, not use a domain name that can be confused for an offical company website.

      In other words, I have every right to purhcase "ibillsucks.com" but not something like "ibillmedia.com". The big difference is that the second domain can be confused for a official company website.
      Herschel Savage
      Brooklyn, NY

        Comment

        • European Lee
          Confirmed User
          • Dec 2002
          • 7133
          #3
          Originally posted by RocHard
          Free speech is the right to take out an ad in the newspaper, not use a domain name that can be confused for an offical company website.
          Um no...

          Free speech is just about that.. Free speech.

          This definately sets an interesting precident though... Off to see what domains i can register now

          Regards,

          Lee
          YOUR TRAFFIC IS SAFE WITH US - CONDOM CASH
          PUTTING THE GAY ADULT INDUSTRY ON YOUR PC!!
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            Comment

            • KRL
              Entrepreneur
              • Oct 2002
              • 31429
              #4
              Originally posted by European Lee
              Um no...

              Free speech is just about that.. Free speech.

              This definately sets an interesting precident though... Off to see what domains i can register now

              Regards,

              Lee

              Indeed, this opens some very interesting loopholes to slam a company.
              If you would like to develop your domains, you can lease inexpensive foreign labor
              from the leaders in the field at iWebmasters.com TO LOWER YOUR COSTS AND INCREASE YOUR PRODUCTION!
              *** *** *** *** *** *** *** *** *** *** *** ***
              Domains Adult News KRL's Newsletter Biz Tips Just Listed Domains

                Comment

                • SleazyDream
                  I'm here for SPORT
                  • Jul 2001
                  • 41470
                  #5
                  Originally posted by RocHard
                  This is interesting and perhaps more of us should take notice about this.

                  I think this is wrong. This person purchased a domain name that is the company name and used it to slam a company (or hospital, whatever). Free speech is the right to take out an ad in the newspaper, not use a domain name that can be confused for an offical company website.

                  In other words, I have every right to purhcase "ibillsucks.com" but not something like "ibillmedia.com". The big difference is that the second domain can be confused for a official company website.
                  i'm with rochard TOTALLY on this - and hope this case gets overturned
                  This dog, is dog, a dog, good dog, way dog, to dog, keep dog, an dog, idiot dog, busy dog, for dog, 20 dog, seconds dog!

                  Now read without the word dog.

                    Comment

                    • paxton
                      Confirmed User
                      • May 2002
                      • 1156
                      #6
                      I agree with Roc also. I think it's wrong.

                      Very interesting news report. Thanks for posting, KRL.
                      Contact ICQ: 159141828

                        Comment

                        • KRL
                          Entrepreneur
                          • Oct 2002
                          • 31429
                          #7
                          Originally posted by paxton
                          I agree with Roc also. I think it's wrong.

                          Very interesting news report. Thanks for posting, KRL.
                          Welcome. Got to stay on top of these legal cases that set unexpected precedents. They can have a major impact on what we all do.
                          If you would like to develop your domains, you can lease inexpensive foreign labor
                          from the leaders in the field at iWebmasters.com TO LOWER YOUR COSTS AND INCREASE YOUR PRODUCTION!
                          *** *** *** *** *** *** *** *** *** *** *** ***
                          Domains Adult News KRL's Newsletter Biz Tips Just Listed Domains

                            Comment

                            • reynold
                              Too lazy to set a custom title
                              • Oct 2002
                              • 51271
                              #8
                              Free speech still has its price.

                                Comment

                                • V_RocKs
                                  Damn Right I Kiss Ass!
                                  • Nov 2003
                                  • 32448
                                  #9
                                  www.SupershuttleSucks.com

                                    Comment

                                    • Shoehorn!
                                      Die With Your Boots On
                                      • Oct 2003
                                      • 22872
                                      #10
                                      A similar outcome happened awhile ago in favor of 2600 redirecting a domain.

                                        Comment

                                        • bikinihouse
                                          Confirmed User
                                          • Feb 2002
                                          • 843
                                          #11
                                          Someone should get one related to Paypal... fuck I hate paypal so much these days.

                                            Comment

                                            • $5 submissions
                                              I help you SUCCEED
                                              • Nov 2003
                                              • 32189
                                              #12
                                              Here's the meat of the ruling:

                                              But the appeals court disagreed, saying the Web site was not created to make a profit or to confuse Bosley's customers and potential clients. There were no links on the site to other hair-restoration providers, the court noted.

                                                Comment

                                                • emthree
                                                  Dialer Kingpin
                                                  • Jun 2003
                                                  • 10816
                                                  #13
                                                  Wow, I dont think that's going to hold up for too long.
                                                  I just can't see someone registering a CO's name and using it for straight bashing (no links, no ppc ... no purpose)

                                                  • Sell Patches & Pills •

                                                    Comment

                                                    • polish_aristocrat
                                                      Too lazy to set a custom title
                                                      • Jul 2002
                                                      • 40377
                                                      #14
                                                      so cay i use microsot.com to criticize Microsoft ?
                                                      I don't use ICQ anymore.

                                                        Comment

                                                        • BRISK
                                                          Too lazy to set a custom title
                                                          • Feb 2003
                                                          • 12240
                                                          #15
                                                          Originally posted by emthree
                                                          Wow, I dont think that's going to hold up for too long.
                                                          I just can't see someone registering a CO's name and using it for straight bashing (no links, no ppc ... no purpose)
                                                          He registered the domain 5 years ago, and it should be obvious that the website has a purpose
                                                          I post on GFY so that when people ask me what I do,
                                                          I can tell them that I work with the mentally retarded.

                                                            Comment

                                                            • $5 submissions
                                                              I help you SUCCEED
                                                              • Nov 2003
                                                              • 32189
                                                              #16
                                                              Well... the 9th Circuit isn't exactly the Supreme Court's favorite appellate circuit. I think a study was published some years back showing that the 9th Circuit has the most reversed rulings among all the appeals courts. Wouldn't suprise me a bit--the 9th Circuit is, on average, quite liberal which is in stark opposition to the Supreme Court's conservative trend. Should be interesting how this plays out.

                                                                Comment

                                                                • MGPspots
                                                                  Confirmed User
                                                                  • Jan 2005
                                                                  • 422
                                                                  #17
                                                                  I don't think there is anything new in this. Criticism sites are well established as not taking advantage of trademark/goodwill/copyright.

                                                                  paypalsucks.com , aolsucks.org , brucespringsteen.com (not a criticism site but a fan site which doesn't exploit copyright)
                                                                  SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, you may use a 624x80 instead of a 120x60. Let me repeat... A 120 x 60 button and no more that 3 lines of DEFAULT SIZE AND COLOR text.

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