Feeds

Supremes won't hear Falwell appeal

Gay gripe site stays up

High performance access to file storage

The US Supreme Court has refused to hear the appeal of Reverend Jerry Falwell against an Appeals Court ruling that allowed a gay rights activists to continue operating a site about the television evangelist under the domain name fallwell.com.

Jerry Falwell has suggested that people who are gay and lesbian are sinning and that one's sexual orientation is something that can be changed, according to Christopher Lamparello, who set up the 'gripe site' to challenge Falwell's views.

Falwell sued, but the US Appeals Court ruled in August 2005 that Lamparello's site did not violate trade mark law because it is not a confusing use of Falwell’s trade mark.

“Although Lamparello and Reverend Falwell employ similar marks online, Lamparello’s website looks nothing like Reverend Falwell’s; indeed, Lamparello has made no attempt to imitate Reverend Falwell’s website,” wrote Judge Diana Motz, giving the unanimous opinion of the Appeals Court last year.

“After even a quick glance at the content of the website at www.fallwell.com, no one seeking Reverend Falwell’s guidance would be misled by the domain name – www.fallwell.com – into believing that Reverend Falwell authorised the content of that website,” she added.

Falwell had argued that the domain was infringing because the misspelling would lure browsers onto Lamparello’s site, but the Court held that it was the context in which the mark was seen that was important – i.e. the content of the site.

The Supreme Court did not give any reasons for declining to hear the appeal.

Copyright © 2006, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

High performance access to file storage

More from The Register

next story
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Dropbox defends fantastically badly timed Condoleezza Rice appointment
'Nothing is going to change with Dr. Rice's appointment,' file sharer promises
Audio fans, prepare yourself for the Second Coming ... of Blu-ray
High Fidelity Pure Audio – is this what your ears have been waiting for?
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
Sorry London, Europe's top tech city is Munich
New 'Atlas of ICT Activity' finds innovation isn't happening at Silicon Roundabout
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
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
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.
HP ArcSight ESM solution helps Finansbank
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
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.