Weather Reports

Fourth Circuit Rules For Critic in Falwell Domain Name Dispute

Public Citizen, August 26, 2005
Abstract: WASHINGTON, D.C. – In a victory for free speech on the Internet, a New York man ordered to transfer the domain name www.fallwell.com to the Rev. Jerry Falwell will be allowed to keep the Web site, the United States Court of Appeals for the Fourth Circuit has ruled.
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Protection of Non-U.S. Trademarks under U.S. Law

Mark Matuschak and Vinita Ferrera, Hale & Dorr Internet & IP Alert, July 21, 2003
Abstract: In an analysis of recent federal activity, Hale & Dorr's IP Alert announce that In International Bancorp, LLC, et al. v. Societe des Bains de Mer et du Cercle des Etrangers a Monaco, (May 19, 2003), a divided panel of the United States Court of Appeals for the Fourth Circuit held that the "use in commerce" requirement for trademark protection could be met by a non-U.S. company that owns and operates resort and casino facilities outside the United States, because of the combination of that company's extensive advertising of its services in the United States and its sale of those services to U.S. citizens - even if those services are provided in another country.
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Sixth Circuit Supports Sucks Sites

Martin H. Samson, Esq., Partner, Phillips Nizer LLP, Internet Library Case Update, February 20, 2003
Abstract: The Sixth Circuit (which covers Tennessee, Kentucky, Ohio and Michigan) held that a domain name holder's use of another's trademark in a 'fan' site did not run afoul of Section 1114 of the Lanham Act because of the presence of both a prominent disclaimer on the site disavowing any affiliation with mark owner, and a link to plaintiff's official web site. The domain holder's use of the trademarks in conjunction with the word "sucks" in the domain names of non-commercial complaint sites did not violate Section 1114 of the Lanham Act because there was no likelihood of consumer confusion arising from that type of use, and because such speech is protected by the First Amendment of the US Constitution. The Taubman Company v. Webfeats, et al., Nos. 01-2648/2725 (6th Cir., February 7, 2003).
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Reseller wins right to use TM in domain name

Martin Samson, Phillips Nizer LLP Internet Library Case Update, October 31, 2002
Abstract: Holder of barginbeanies.com permitted to keep the domain name, against a challenge from Ty, Inc. Where domain holder's primary business was reselling authentic marked goods, the Seventh Circuit held that use of the mark as part of website title and domain name was not a violation of the Federal Trademark Dilution Act.
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