Freethought & Rationalism Archive

Autonemesis · 07-08-2002, 09:24 AM

The <a href="http://www.newsadvance.com/news/archive/MGBBWYVFP2D.html" target="_blank">Lynchburg News And Advance</a> reports on Falwell's failed bid to get WIPO to force a parody website to hand over the domain name Jerryfalwell.com. He's now taking it to US District court, seeking an injunction against the operators of the parody website, claiming - get this - trademark violation!

Needless to say, <a href="http://www.jerryfalwell.com" target="_blank">JerryFalwell.com</a> had a few choice words to say as well.

Enjoy!

[ July 08, 2002: Message edited by: Kind Bud ]</p>

ohwilleke · 07-08-2002, 09:43 AM

Hurray for people who stand up to cyber bullying!

Bree · 07-08-2002, 09:50 AM

Is there any way Falwell could sue for libel? I agree - the trademark violation argument is stupid. It's not like the name is associated with a product (unless you count bigotry as a product).

Toto · 07-08-2002, 09:52 AM

Falwell already lost his libel case against Penthouse for much worse.

It's called the First Amendment right to free speech, and long may it prevail.

Mageth · 07-08-2002, 10:06 AM

IIRC, the Libel case Falwell lost was against Hustler/Larry Flynt.

As far as Falwell suing for Trademark violation:

"The right of publicity gives an individual a legal claim against one who uses the individual's name, face, image, or voice for commercial benefit without obtaining permission. "

(emphasis mine)

So he can sue for Trademark infringement. Whether he can win or not is uncertain and, of course, depends on the facts of the case (is the use for commercial benefit or merely to parody the individual, which the courts have usually protected as a form of free speech) and the leanings of the Court the case is before.

IIRC several well-known individuals have successfully sued to protect their names as Trademarks.

LordMoneyG · 07-08-2002, 10:14 AM

For more information on the whole "cyber-bullying" issue, check out the Nissan vs. Nissan debate, which I think you can find at Salon.com...

I'll try to find the exact link.

Update :
<a href="http://www.salon.com/tech/col/leon/2002/06/03/nissan/" target="_blank">http://www.salon.com/tech/col/leon/2002/06/03/nissan/</a>

[ July 08, 2002: Message edited by: LordMoneyG ]</p>

Toto · 07-08-2002, 01:07 PM

You're right, it was Larry Flynt, not Penthouse.

<a href="http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=US&vol=485&page=46" target="_blank">HUSTLER MAGAZINE v. FALWELL, 485 U.S. 46 (1988) </a>

RufusAtticus · 07-08-2002, 08:12 PM

Falwell should look at trademark law. Parodies are legal use of copyright and trademark.

07-08-2002, 09:24 AM	#1
Autonemesis Contributor Join Date: Feb 2002 Location: I've left FRDB for good, due to new WI&P policy Posts: 12,048	Injunction against JerryFalwell.com The <a href="http://www.newsadvance.com/news/archive/MGBBWYVFP2D.html" target="_blank">Lynchburg News And Advance</a> reports on Falwell's failed bid to get WIPO to force a parody website to hand over the domain name Jerryfalwell.com. He's now taking it to US District court, seeking an injunction against the operators of the parody website, claiming - get this - trademark violation! Needless to say, <a href="http://www.jerryfalwell.com" target="_blank">JerryFalwell.com</a> had a few choice words to say as well. Enjoy! [ July 08, 2002: Message edited by: Kind Bud ]</p>

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07-08-2002, 09:43 AM	#2
ohwilleke Veteran Member Join Date: Jun 2000 Location: Denver, Colorado, USA Posts: 4,834	Hurray for people who stand up to cyber bullying!

07-08-2002, 09:50 AM	#3
Bree Veteran Member Join Date: May 2001 Location: Twin Cities, USA Posts: 3,197	Is there any way Falwell could sue for libel? I agree - the trademark violation argument is stupid. It's not like the name is associated with a product (unless you count bigotry as a product).

07-08-2002, 09:52 AM	#4
Toto Contributor Join Date: Jun 2000 Location: Los Angeles area Posts: 40,549	Falwell already lost his libel case against Penthouse for much worse. It's called the First Amendment right to free speech, and long may it prevail.

07-08-2002, 10:06 AM	#5
Mageth Contributor Join Date: Jul 2001 Location: Deep in the heart of mother-lovin' Texas Posts: 29,689	IIRC, the Libel case Falwell lost was against Hustler/Larry Flynt. As far as Falwell suing for Trademark violation: "The right of publicity gives an individual a legal claim against one who uses the individual's name, face, image, or voice for commercial benefit without obtaining permission. " (emphasis mine) So he can sue for Trademark infringement. Whether he can win or not is uncertain and, of course, depends on the facts of the case (is the use for commercial benefit or merely to parody the individual, which the courts have usually protected as a form of free speech) and the leanings of the Court the case is before. IIRC several well-known individuals have successfully sued to protect their names as Trademarks.

07-08-2002, 10:14 AM	#6
LordMoneyG Regular Member Join Date: Jun 2002 Location: North Carolina Posts: 125	For more information on the whole "cyber-bullying" issue, check out the Nissan vs. Nissan debate, which I think you can find at Salon.com... I'll try to find the exact link. Update : <a href="http://www.salon.com/tech/col/leon/2002/06/03/nissan/" target="_blank">http://www.salon.com/tech/col/leon/2002/06/03/nissan/</a> [ July 08, 2002: Message edited by: LordMoneyG ]</p>

07-08-2002, 01:07 PM	#7
Toto Contributor Join Date: Jun 2000 Location: Los Angeles area Posts: 40,549	You're right, it was Larry Flynt, not Penthouse. <a href="http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=US&vol=485&page=46" target="_blank">HUSTLER MAGAZINE v. FALWELL, 485 U.S. 46 (1988) </a>

07-08-2002, 08:12 PM	#8
RufusAtticus Veteran Member Join Date: Nov 2001 Location: NCSU Posts: 5,853	Falwell should look at trademark law. Parodies are legal use of copyright and trademark.

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