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Web Stalkers
Chapter 6 -
Cyber Theft

Cybersquatting

In typical cyber-crook fashion, Purdy draped himself with the First Amendment and said that the right to free speech allowed him to copy the Washington Post’s website and appropriate the Coca Cola logo and slogan.

Unfortunately for Purdy, the district court found that Purdy’s logos were both distinctive and famous and that the domain names Purdy had registered and used were identical or confusingly similar to those the legitimate trademarks.

The court also found that Purdy had “bad faith intent” and desired to use the Coke logo to promote his personal agenda:

a strong likelihood that plaintiffs would prove that Purdy and others acting in concert with him had registered the domain names with a bad faith intent to profit by tarnishing  and diluting plaintiffs' trademarks and by relying on their good names and goodwill to achieve the personal gain of promoting their messages, generating publicity, and raising money for supported causes.

Source: Lexis

In summary, the courts are very clear that the First Amendment not protect the use of another's trademark in a domain name to attract an unwitting and unwilling audience to the message of the domain name holder.


The above text is an excerpt from:

Web Stalkers
Protect yourself from Internet Criminals & Psychopaths
ISBN 0-97-45993-9-5

by Donald K. Burleson, Stephen Andert
 

http://www.rampant-books.com/book_2004_2_stalkers.htm


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