Feeds

2600.com wins dismissal in f**k- generalmotors.com lawsuit

A landmark triumph for Sophomoric humor

  • alert
  • submit to reddit

High performance access to file storage

A suit brought by Ford Motor Company against 2600.com founder Eric Corley aka Emmanuel Goldstein for setting up the Web site fuckgeneralmotors.com to re-direct surfers to the Ford home page has been dismissed.

The decision came in two parts: denying Ford's request for an injunction, and a ruling that without grounds sufficient for injunctive relief, nothing remains of its case.

Originally Ford had accused Corley of three violations under the Federal Trademark Dilution Act (FTDA): trademark dilution, trademark infringement and unfair competition, and sought an injunction against fuckgeneralmotors.com until the matter could be decided before the bench.

However, "Ford has failed to allege facts sufficient to prevail on its dilution, infringement, and unfair competition claims. Thus faced with no chance of succeeding on the merits, Ford may not be granted injunctive relief," the court ruled.

Ford's allegations won't fly because, as the court notes, "to succeed on an infringement claim, a plaintiff must show that the defendant has used the mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services. An essentially identical showing of use in connection with any goods or services is required on an unfair competition claim."

The court decided that Corley is not using the Ford trademark for any commercial purpose, and therefore that there are no grounds for granting a preliminary injunction.

And of course if there's insufficient merit in Ford's claims to grant an injunction, there's hardly going to be enough to proceed at trial.

The court therefore dismissed the suit in a separate ruling issued the same day; and that, one hopes, will be that. ®

High performance access to file storage

More from The Register

next story
Audio fans, prepare yourself for the Second Coming ... of Blu-ray
High Fidelity Pure Audio – is this what your ears have been waiting for?
Dropbox defends fantastically badly timed Condoleezza Rice appointment
'Nothing is going to change with Dr. Rice's appointment,' file sharer promises
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
Apple DOMINATES the Valley, rakes in more profit than Google, HP, Intel, Cisco COMBINED
Cook & Co. also pay more taxes than those four worthies PLUS eBay and Oracle
It may be ILLEGAL to run Heartbleed health checks – IT lawyer
Do the right thing, earn up to 10 years in clink
France bans managers from contacting workers outside business hours
«Email? Mais non ... il est plus tard que six heures du soir!»
Adrian Mole author Sue Townsend dies at 68
RIP Blighty's best-selling author of the 1980s
prev story

Whitepapers

Mainstay ROI - Does application security pay?
In this whitepaper learn how you and your enterprise might benefit from better software security.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.