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Supreme Court snubs Falwell web appeal

Criticising is not stealing customers
Wed Apr 19 2006, 09:03
THE US Supreme Court has told Jerry Falwell that it will not listen to his appeal about a man he claimed was cyber squatting.

Christopher Lamparello was so miffed with Jerry Falwell's views on gays that he took out a website with a common misspelling of the Rev's name www.fallwell.com. He then ran a gripe site about Falwell's anti-gay views.

Falwell sued claiming that the domain name was nearly identical to the trademark bearing Falwell's name and could confuse Web surfers.

Last year an Appeal court told Falwell to go forth and multiply as Lamparello was being critical and not trying to "steal customers" as the trademark argument suggested.

Lamparello's Web site is mainly in black and white, with no photographs or items for sale. He says that Falwell is wrong in preaching that gay people are sinners who can change. At the top of the site a disclaimer reads: "This Web site is NOT affiliated with Rev. Dr. Jerry Falwell or his ministry."

The Supreme Court said it didn't have anything to add.

Falwell's lawyers claimed the court's decision meant that it was possible to infringe a trademark if done without a financial profit motive. More here. ยต

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