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Jerry Falwell Wins Dispute Over Fallwell.com 538

setzman writes "According to this article from CNN, conservative minister Jerry Falwell has succeeded in shutting down a web site run by a gay activist on the domain fallwell.com. The judge said it was 'nearly identical' to the registered trademark 'Jerry Falwell' name and was likely to be confusing to Web surfers." (This was a Federal case, held in the 4th Circuit Court.)
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Jerry Falwell Wins Dispute Over Fallwell.com

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  • A good ruling (Score:2, Interesting)

    by mpost4 ( 115369 ) *
    This is clear intent to use some one else's name to generate traffic and money for your site, which I believe is a clear violation of (the correct reading) copyright laws. I would say (and I know many on Slashdot will hate me for this) this is the correct ruling. It is like if I try to get slashdo.org, and put up a anti Slashdot site, I would be in violation of copyright laws, and the owners of Slashdot would be fully in their rights to sue me to take said site down. Not that I am a Falwell follower, he
    • Re:A good ruling (Score:4, Insightful)

      by enrico_suave ( 179651 ) on Wednesday August 11, 2004 @10:38AM (#9939342) Homepage
      >>his is clear intent to use some one else's name to generate traffic and money for your site, which I believe is a clear violation of (the correct reading) copyright laws.
      >>

      No it's not... the ruling seemed to center around a registered trademark.

      copyright!=trademark

      Me, I think it's crap... trademarks aren't all encompassing (or shouldn't be)... now if the owner of the site was in the same industry, maybe it would make more sense...

      *shrug*

      e.
      • Re:A good ruling (Score:5, Insightful)

        by goopie ( 547816 ) on Wednesday August 11, 2004 @10:45AM (#9939426)
        While yes this was more about Trademarks than Copyrights, it does seem that the operator of the site chose the name specifically to take advantage of the name `falwell` and to counter the rhetoric that Jerry Falwell spews out. Quoting from the article
        Hilton said the site's operator, Christopher Lamparello, intended to divert people from the Jerry Falwell Ministries' Web site "with the direct intent to tarnish or disparage"
        It seems that the ruling of the Judge was centered around that rational rather than simply viewing this as similar site names. So while I may not approve of the tactics nor the message of the Falwell ministry, I would view this as a matter of established trademark law as I understand them. Also, based on the site content of fallwell.com as described in the article, it does seem that he used the site to generate revenue (links to his books on Amazon, etc). gOOpie
        • Re:A good ruling (Score:4, Insightful)

          by jdavidb ( 449077 ) on Wednesday August 11, 2004 @11:19AM (#9939749) Homepage Journal

          Okay, maybe I'm just nuts ... but why shouldn't someone have the intent to tarnish or disparage?

          I'm not entirely sure whose "side" of this I fall on, but let me declare my prejudices: I am a fundamentalist Christian, so that might make you think I'm biased toward Mr. Falwell. But I don't believe Falwell is a Christian nor a preacher of the Christian Gospel, so that might make you think I'm biased against.

          It seems to me this decision is legally correct. I thought at first the website owner was actually named Fallwell (note spelling) but apparently that is not the case. According to law as it stands, the site was registered in bad faith and should apparently be taken away. Since I believe in the rule of law, I would tend to agree that this should be done even if I disagree with the law in question (and that if there's a problem with the law it should be changed).

          So, is there a problem with the law? I kind of feel like there is. In fact, I kind of feel like the First Amendment would make whatever law is involved here unconstitutional. Given that we're told our rights to speech CANNOT be infringed, where do we really get off saying that people can't say bad things about other people? Sure, the site tarnishes and disparages Mr. Falwell ... so what's the big deal? People tarnish and disparage me all the time. And I dare say Mr. Falwell does his own tarnishing and disparaging of some folks. Why is some of this protected speech and some of it illegal?

          I was under the impression that trademark law was about preventing someone from misrepresenting themselves or their business as you or your business. That there had to be some reasonable chance that those encountering the trademark violation could confuse it for the real thing. Now, let's be honest ... is someone looking for Mr. Falwell online going to be confused by this site into thinking Mr. Falwell is suddenly posting gay activist material?

          And if someone really was that confused ... aren't they really beyond help no matter how many laws we pass or legal actions we take?

          In this case I don't see how you could possibly confuse these two. And even in cases where confusion could possibly result ... I'm still not sure why the burden is not on the consumer/customer/whoever to verify identity. We live in a world where it doesn't take long to confirm or disprove facts. Nowadays when you hear an urban legend, you can google around and usually find out the truth, even amongst websites that continue to propagate the legend. Here's an example exercise: is "Duck tape" a proper spelling of "Duct tape"? The answer may surprise you, and even though the common misknowledge about the origin of this term is all over the internet, the truth exists and comes up high on a search. Seems to me that in the same way if some entity misrepresents itself as another entity, it won't take long for someone on the web to state that fact and for that fact to start becoming evident on a search. (And in the meantime we have fraud law to deal with the problem if anyone is taken in.)

          Why exactly is our legal system worried about tarnishing, disparaging, or people with so little mental prowess they would confuse Jerry Falwell with a gay activist?

          • Re:A good ruling (Score:3, Insightful)

            by sumdumass ( 711423 )
            well in this case the site went a little beyound tarnishing someone good name (i guess good name is a matter of opinion). It went to the heart of someone riding on someone elses work in order to advance a cause or make a gain. If the site was named falwell_is_a_homophobe.com all would be differnet. It was counting on falwells name to generate trafic and entise new anti gay people into the pro gay realm were that wouldn't have been possible without using his name.

            And yes people will blindly follow some chir
          • Re:A good ruling (Score:5, Interesting)

            by sploo22 ( 748838 ) <dwahler AT gmail DOT com> on Wednesday August 11, 2004 @12:04PM (#9940188)
            Given that we're told our rights to speech CANNOT be infringed...

            May I quote the First Amendment?

            Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.


            This decision was made by a federal court, not through legislation. The court has the right to, and indeed often does, abridge freedom of speech; this allows for things like gag orders.
            • Re:A good ruling (Score:3, Insightful)

              by CountBrass ( 590228 )

              Good lord what a great piece of hair-splitting.

              I think you'll find the correct answer is: the court's are not above the law, nor are they above the Constitution.

              To put it succinctly consider: who defines what free speech is?

              • Re:A good ruling (Score:3, Insightful)

                by hunterx11 ( 778171 )
                Courts define the constitution and the law--remember Marbury v. Madison. How did they get that power? They interpreted it. Why can they interpret it? It's their power. How did they get that power? (STACK OVERFLOW)
        • Re:A good ruling (Score:4, Insightful)

          by Rick.C ( 626083 ) on Wednesday August 11, 2004 @11:33AM (#9939907)
          Consider this:

          1. The Scientologists open up a storefront to sell their books and recruit followers.
          2. You lease the storefront right next door and paint your storefront and doorway to match theirs.
          3. You call your storefront "Science, Really".
          4. You distribute free pamphlets and sell your book which is critical of Scientology.

          Can the Scientologists shut you down?

          Yes, you've tried to lure people into your storefront by making it appear to be another entrance to theirs. Is that illegal?

          If you answer "Yes," then substitute this for step 3.

          3. You put no sign on your storefront.

    • Re:A good ruling (Score:3, Informative)

      by GigsVT ( 208848 )
      You sorta destroy your credibility to comment on such matters when you can't even differentiate between copyrights and trademarks.

      BTW- Slashdot has reported [slashdot.org] on Jerry's crusade to trademark his name in the past. He even sent people overseas to lobby WIPO.
    • You don't even have the right kind of intellectual property for this case. It isn't copyright we're talking about-- it is a _trademark_. Depending on what scope the trademark is for (I haven't looked it up), this might or might not be the right decision . If he was granted a trademark over media in general (I'm assuming the trademark was granted with regards to his television programming, because I don't think you can trademark a cult as a brand), then it is the right decision for the trademark as it stands
      • Heh, well there was a ruling a while back against a guy who made porn sites with domains that were common mis-spellings of Disney names. He got into trouble, like he should have, because most of the people spelling Disney names wrong are kids....
        That being said, i don't agree with this decision, because while a pro-gay site may be offensive to Falwell's followers, they are adults(though if they are looking for Falwell's webiste and can't spell his name, one has to question their intelligence....) and can
    • It is like if I try to get slashdo.org, and put up a anti Slashdot site, I would be in violation of copyright laws.

      No, you wouldn't.

    • Re:A good ruling (Score:3, Interesting)

      by malelder ( 414533 )
      I understand your point, but my first thought was that this wasn't a good thing. The name was spelled differently, and for me thats enough. I guess I had hoped that on a medium like the web, it was perfectly OK to go ahead and put up a slashdo.org and make it anti-slashdot...so much for the last bastion of (very) free-communication. The article mention an appeal is in motion by the original owner; I'm curious to see how this gets interpreted further up the chain.

      I guess I'm stupid to think that people w
    • by landoltjp ( 676315 ) on Wednesday August 11, 2004 @10:47AM (#9939453)

      I agree that using another entity's name to divert traffic for your own means is a violation, what about the use of derivations that show a defined antagonistic slant? For example, what if someone hosts www.fallwellsucks.com?

      I've heard of companies going after people that host www.<entity>sucks.com sites, but I think that they most definitely be allowed since the name is clear in its differentiation from, and bias against, the entity.

    • It's a dumb ruling. Since when has there been a problem with trying to make money on something? Given that the site disclaimed any association with the "real" site, why on earth would people realistically be confused.

      Also, copyright applies to stealing the text of another, not having a similar name. Although slimy, I don't think using a similar name should be in violation of anything unless the user of the similar name is trying to represent themselves as the original.

      So, copying the look and feel or t
    • What profit? I seriously doubt that clicks to that amazon.com link even came close to paying for the bandwidth and hosting fees for the site. ( I could be wrong, but I doubt those amazon links amount to much at all. )

      I believe that hosting an anti-Jerry-Falwell site identical to the one that was shut down on fallwell.org minus the amazon link would still be perfectly legal. Only those rich enough to pay for their bandwidth out of their own pocket get to speak loudly...

    • Oh I didn't realise my name was copyrighted to me. Well considering my name is John Lynch, I have a bone to pick with a certain actor and a certain football player.

      I'd go after my grandfather but I think he may have prior art in that case actually.
  • by Anonymous Coward on Wednesday August 11, 2004 @10:34AM (#9939298)
    Praise Jessus. (Not to be confused with Jesus)
    • by Short Circuit ( 52384 ) * <mikemol@gmail.com> on Wednesday August 11, 2004 @10:57AM (#9939538) Homepage Journal
      I still love remembering an old joke about names:

      A burgler breaks into a home, and is quietly walking around, finding valuable things to take.

      "Jesus is watching."

      The burgler freezes, looks around, doesn't see anything, and continues.

      "Jesus is watching."

      The burgler freezes again, and mutters, "Who's there?"

      "Gabriel."

      The burgler's flashlight comes to rest on the source of the sound, a parrot. He grumbles, "What kind of idiot names a parrot 'Gabriel?'"

      "The same idiot who named the Rottweiler 'Jesus.'"
  • Sigh... (Score:3, Insightful)

    by genrader ( 563784 ) on Wednesday August 11, 2004 @10:35AM (#9939315) Homepage Journal
    I can't believe this even became a story on Slashdot, it isn't that big of a deal and will probably turn into a huge flame war with comments.
    • Re:Sigh... (Score:4, Funny)

      by NineNine ( 235196 ) on Wednesday August 11, 2004 @10:38AM (#9939344)
      it isn't that big of a deal and will probably turn into a huge flame war with comments.

      You're new here, aren't you?
    • ...will probably turn into a huge flame war with comments.

      Oh isn't flame wars with comments what slashdot is all about? :) What other use is there for the Anonymous Coward function than to launch cowardly insults without fear of reprisal?

  • by artemis67 ( 93453 ) on Wednesday August 11, 2004 @10:38AM (#9939335)
    www.fallwell.com [216.239.41.104]
  • by xiando ( 770382 ) on Wednesday August 11, 2004 @10:38AM (#9939336) Homepage Journal
    Sometimes it is quite unlear if the domain name is the same because of conisidence, but in this case, Lamparello's site criticizes Falwell's stance against homosexuality and includes a disclaimer that reads, "This Web site is not affiliated with Jerry Falwell Ministries.", the site using the "same name" even admits they did choose the name because of the resembelence. This is something very different from the kathy.com story where Pengiun is trying to steal another persons domain for no reason.
    • Sometimes it is quite unlear if the domain name is the same because of conisidence, but in this case, Lamparello's site criticizes Falwell's stance against homosexuality and includes a disclaimer that reads, "This Web site is not affiliated with Jerry Falwell Ministries.", the site using the "same name" even admits they did choose the name because of the resembelence. This is something very different from the kathy.com story where Pengiun is trying to steal another persons domain for no reason.

      You are rig

      • i read the decision and didn't see anywere wewre it said he couldn't put the site up under a different name or continue to use the content on the site. I don't see how that makes this a fre speach issue.

        It is more like you not guarentied a audience for your free speach issue. The new york yanky's or the bosten glob doens't in any way have to let you use thier facilities to get you message across. Tagging in the back of someones popularity with an oposing view point is much like forcing the globe to run yo
  • 'Nearly identical' (Score:5, Interesting)

    by GillBates0 ( 664202 ) on Wednesday August 11, 2004 @10:39AM (#9939351) Homepage Journal
    The judge said it was 'nearly identical' to the registered trademark 'Jerry Falwell' name and was likely to be confusing to Web surfers." (This was a Federal case, held in the 4th Circuit Court; the judge held that the disputed fallwell.com was "'nearly identical' to the registered trademark 'Jerry Falwell.'" )

    and the 'helpful' 'little' snippet by the editor was 'nearly identical' to what the submitter already said in the original writeup.

  • In related news Ben Jery's Ice Cream won a judgemnt aginst Jerry Falwell for infringing on theri trademark as being nearly identical..


    • Uhm no. Falwell.com's name was chosen to deliberately associate with and attack Jerry Falwell. Are you trying to say Jerry Falwell's parents chose his name to attack Ben and Jerry's?

      Yeah I know this is slash dot but you could try putting your brain in gear before posting.

  • by setzman ( 541053 ) <stzman@nOSpAM.st ... sandremoveit.org> on Wednesday August 11, 2004 @10:39AM (#9939359) Journal
    ... wasn't as redundant as timothy made it here.

    setzman writes "According to this article from CNN [cnn.com], conservative minister Jerry Falwell has succeeded in shutting down a web site run by a gay activist on the domain fallwell.com. The judge said it was "nearly identical" to the registered trademark "Jerry Falwell" name and was likely to be confusing to Web surfers. Considering Falwell's audience, the judge was probably right.

    • by Just Some Guy ( 3352 ) <kirk+slashdot@strauser.com> on Wednesday August 11, 2004 @12:37PM (#9940520) Homepage Journal
      The judge said it was "nearly identical" to the registered trademark "Jerry Falwell" name and was likely to be confusing to Web surfers. Considering Falwell's audience, the judge was probably right.

      OMG CHRISIANZ ARE TEH ST00P1D!!! LOL OMG!

      Timothy was right to edit your submission, but not because he "clarified" it, but because he removed your bigoted conclusion.

      If the domain in question were "muslum.org", would you be joking about how people trying to go to muslim.org are likely to be confused? Considering, you know, that they're poor illiterate Muslims? Or is it only funny because Christians are fair game for ridicule?

  • Funny how well known people often win in these kind of disputes, and anonymous ones always get screwed. I'm not disputing the ruling, as I do not have enough information to determine whether it was a fair one or not, I'm just quite puzzled at how domain name disputes are handled.

    Yes, I'm putting aside the actual content, the intent to make profit out of said content and the profile of both persons, so please no flames on that :p

  • fair enough (Score:2, Insightful)

    by man_ls ( 248470 )
    Sounds fair to me.

    A gay activitst registered a domain name similar to the name of a promiant conservative, implied anti-gay.

    The judge's choice was 100% morally correct, in addition to being in accordance with the letter of the law.
    • Re:fair enough (Score:4, Interesting)

      by reallocate ( 142797 ) on Wednesday August 11, 2004 @11:21AM (#9939769)
      The judge's decision need to be legally correct, not morally correct.

      There's only one legal code, but many moral codes to choose from.

      That's why Timothy and the /. gang get their knickers twisted everytime someone wins a suit against some jerk who deliberately violated a trademark. They -- Timothy, et al -- believe trademarks and copyrights are immoral, so they look at issues based on their dreams and wishes, not on reality.

  • by karb ( 66692 ) on Wednesday August 11, 2004 @10:45AM (#9939428)
    Headline : "Court rules religious websites illegal."
  • by noah_fense ( 593142 ) <[moc.liamg] [ta] [namehthaon]> on Wednesday August 11, 2004 @10:47AM (#9939445)

    Anyone remember the first lawsuits against from verizon against 2600 for verizonreallysucks.com ? I can't remember who won, but 2600s case was that the first amendment protected their right to make an anti-verizon website.

    I suggest that the gay community registers fallwellsucks.com, a website dedicated to how much of a bigot fallwell is. Or, as www.fallwell.com previously was, a classy activists site void of name calling and libel...

    -n
  • by wayward ( 770747 ) on Wednesday August 11, 2004 @10:47AM (#9939459)
    Here's an image that triggered an earlier Falwell lawsuit against Larry Flynt and Hustler magazine:

    http://www.hfac.uh.edu/comm/media_libel/cases-conf licts/print/falwell.html [uh.edu]

    Ironically enough, Falwell lost that one.
  • by The-Bus ( 138060 ) on Wednesday August 11, 2004 @10:48AM (#9939460)
    In a related incident, The Alliance for Feline-Americans was dismayed at the loss of the FallWell.com domain, with their spokesman Richard Manx stating, "In this day and age it is imperative that young FAs [kittens] across this world learn how to land on their feet, literally. With this news he lose our hopes for establishing a website to teach youngsters how to learn this skill." AFA has been unable to secure LandWell.com, AFA.com, AFA.org, CatLand.com, 9lives.info or any other number of domains. When advised by Dr. E. Thomas Lanzburg of the Feline Health Center at Cornell that the ability to land on four feet seems to be in fact, genetic, the eminent biologist was clawed in the face by three onlookers.
    • I'm not sure if it was your intended purpose, but you have given us a perfect example of what would have won in court and been ruled perfectly legal. This is because the material on the website (cats)would be deemed completely different than Jerry's website.
  • To be honest (Score:5, Insightful)

    by east coast ( 590680 ) on Wednesday August 11, 2004 @10:50AM (#9939480)
    Considering that about 50% of all posts are already flamebait not worth responding to, I have to go with a couple of the more intelligent posts in saying that intential use of common spelling errors to increase traffice to a website should be ruled against. Had this group had a real claim to the Fallwell name I'd see most people's disagreement with the ruling. But sadly it comes down the the bottom line that most who are against this ruling only due to a religious/political view instead of a fair assessment of the case.
  • that a simple google search [google.com] for "Fallwell" will recommend that you try "Falwell" instead. Jeez people......
  • Here [archive.org]'s what the site used to look like

  • A quick search reveals that copies of this site [archive.org] are available at www.archive.org. Will the judgement apply to third party archives?
  • by HypothesesNonFingo ( 800736 ) on Wednesday August 11, 2004 @10:58AM (#9939541)
    One of the legal standards of trademark infringement is "likelihood of confusion." Clearly this site intended to capitalize on this very thing, and so violate Falwell's intellectual property. However, parody is acceptable under the copyright law, but one's parody still cannot violate trademarks and other IP. But trademark coverage only extends to certain categories, e.g. a trademark registration for a web site covers web site infringement. One does not automatically have a registration in all categories. I laughed years ago when Paramount unsuccessfully sued a music group called "The Romulans," who had a Roman-style motif. At the time, Paramount only had a TM for "Romulans" that protected a 70s-era Star Trek action figure. The judge in the case said there was no likelihood of confusion between a music group and a little toy. So you /. regulars are all anti-IP, what do you think?
  • It's reasonable... (Score:5, Interesting)

    by mratitude ( 782540 ) on Wednesday August 11, 2004 @10:59AM (#9939553) Journal
    However folks fall in the religion fueled debate on homosexuality issues (gay marriage, gay "normalcy", etc) this was a middle-of-the-road ruling from a court that appears that didn't side with either of the agendas being pushed.

    Like cyber-squat efforts (registering domains like "pepsi.com" when you're not affiliated with Pepsi at all) overall, this was a targeted effort by someone with an agenda. The intent was to squat their agenda on any internet traffic by "hugging" search criteria and even simple mispellings in a url. Their agenda to do this was clearly spelled out.

    I expect the people running Drudge Retort [drudge.com] to be nervous over a ruling like this.
  • Whats next? (Score:5, Funny)

    by The Madpostal Worker ( 122489 ) <abarros@gmai[ ]om ['l.c' in gap]> on Wednesday August 11, 2004 @11:03AM (#9939595)
    Will www.godhatesfigs.com [godhatesfigs.com] be shut down beacuse it is too similar to another site [godhatesfags.com]
  • by DanielMarkham ( 765899 ) on Wednesday August 11, 2004 @11:05AM (#9939620) Homepage
    He's selling his brand of Jesus. Been in business for a long time.

    Now if somebody capitalizes on his name to lure people on a site that hurts his business, that's unfair competition.

    JerrySucks.Com would be fine with me, as would JerryIsALoser.com. But not what the guy used. It's clearly outside the bounds.

    A more interesting question would be: what if there were another person named Jerry Fallwell who, for instance, believed that Jesus came from a UFO? Could HE register the site? Wasn't there some guy, Mike Rowe, who registered MikeRoweSoft.com last year? Does the first public person with a name get it for all time?
  • by michaelmalak ( 91262 ) <michael@michaelmalak.com> on Wednesday August 11, 2004 @11:16AM (#9939729) Homepage
    The most egregious case of cybersquatting is, of course, whitehouse.com (anchor tag intentionally omitted). But the U.S. government cannot trademark whitehouse.gov.

    Going on down the spectrum, there is bush2004.com [bush2004.com], which satires Bush. Could Bush trademark his own name so as to shut this site down? At this particular moment of eroding free speech, probably not yet. Criticism of the president holds a special place when it comes to the First Amendment.

    Now we step down spectrum another notch to fallwell.com. Jerry Falwell is a prominent religious and political figure -- perhaps not #1 like Bush, but certainly in the top thousand. He is able to squelch criticsm because he trademarked his name.

    Falwell has intentionally blurred politics, religion, and business. Trademark was meant to protect consumers from sham products, not restrict discussion of politics and religion.

    Here we have trademark law in conflict with the First Amendment regarding politics and religion. Trademark law was already being applied [com.com] to block criticism of a business. Now it's being extended into politics and religion, the heart of the First Amendment.

    Going further on down the spectrum, Robin Ficker, a political candidate of much less stature than Falwell, was unable [washingtonpost.com] to shut down robinficker.com. Why? Because he didn't trademark his name.

    In the realm of criticizing Falwell, today it's domain names. Will it be blog content tomorrow, like the Ford case?

  • Good ruling. (Score:3, Insightful)

    by dwheeler ( 321049 ) on Wednesday August 11, 2004 @11:27AM (#9939837) Homepage Journal
    Someone has taken a previously existing name, and has been exploiting it for their own gain by trying to confuse the public. And got caught. The fact that it's Jerry Falwell is immaterial; it's the actions of the other guy that were wrong. This is exactly what was wrong with trying to extort away the Katie.com domain, too. I have my own domain name, and I don't want other people stealing it, or confusing people with subtle variations. This is a good ruling; it protects people everywhere from shams and scams.
  • Nissan? (Score:3, Interesting)

    by Qrlx ( 258924 ) on Wednesday August 11, 2004 @12:02PM (#9940164) Homepage Journal
    Looks like the Federal circuit is fractured on this issue.

    Uzi Nissan, as we all know, didn't exactly lose nissan.com, but it's been converted to a placeholder site bereft of content.

    Perhaps it's because his site served a purpose other than bashing Nissan Motors, the courts let him keep it.

    Still, it's a mixed signal. Why didn't the court just give nissan.com to Nissan Motors? I get the feeling that's what the 4th Circuit would have done.

    Conclusion: If you have the domain name that "belongs" to someone bigger than you, you can't step on their toes. You will either lose your domain outright, or lose the right to do anything useful with it.

    I wonder what Justice thinks of all this, peering out from behind Ashcroft's curtain.
  • What? (Score:4, Insightful)

    by sockonafish ( 228678 ) on Wednesday August 11, 2004 @12:30PM (#9940457)
    Trademarks are intended to prevent consumer confusion, correct?

    This ownder of this site doesn't purport himself to be Jerry Falwell, he's just critical of Falwell. You can see for yourself [216.239.41.104]. If anyone gets confused on that site and thinks that Jerry Falwell has repented his anti-gay ways then they deserve to be confused, for they are stupid.
  • by AK Marc ( 707885 ) on Wednesday August 11, 2004 @12:49PM (#9940634)
    There is a disclaimer at the top (at least according to the caches I found) that made it impossible for a literate person to be confused. If the judge found them confusing, then he is a moron.

    I was also unaware that trademarks applied to the trademark and all possible misspellings. When was that ruling? I must have missed it.

    Even if the trademark applies (which it doesn't) and the site was confusing (which it isn't) the speech involved is political/social commentary on a public figure. That type of speech is the most protected. If it were a commercial issue, then let them fight it out in courts. If it is a free-speech issue for political/personal views, then the court should *always* err on the side of making the speech available.
  • by wackysootroom ( 243310 ) on Wednesday August 11, 2004 @02:02PM (#9941357) Homepage
    Christopher Lamparello, the guy on the other end of the Falwell suit, had it coming. Bad Karma so to speak.

    He's a scammer of the first class. He ripped off a family member of mine with his book (should be called a pamphlet) "$1,000 a week for life", where basically he tells you to start a business. He doesn't tell you how, but he pontificates on very many other subjects besides money. $25 for a product that an 8th grader could have come up with.

    He's a known Spammer [google.com] too. Here's the whois for mailordergold.com Domain Name: MAILORDERGOLD.COM

    Administrative Contact:
    Christopher Lamparello (HISVIQDHMO) chrislamparello@aol.com
    875 Avenue of the Americas Suite 1700
    New York, NY 10001
    US
    212.736.1238 fax: 212.736.1181

    Technical Contact:
    Domain Reg CWS (ILJVDIGYVO) hostmaster@cws.net
    829 3rd Ave SE
    Suite 225
    Rochester, MN 55904
    US
    507-289-2229 fax: 507-289-0349

    He also has 18 unresolved complaints against him per the Better Business Bureau of New York. [bbbnewyork.org]

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