Trademarks in Domains OK, if you're taking the piss...

4 comments
Source Title:
Critical use of trademarks in domains is permissable
Story Text:

The US court of appeals has ruled that it's ok to use a trademark in a domain name, provided it's noncommercial and is for the purpose of critical commentary of the brand holder...

In a significant victory for free speech on the Internet, the United States Court of Appeals for the Ninth Circuit on Monday held that “the noncommercial use of a trademark as the domain name of a website - the subject of which is consumer commentary about the products and services represented by the mark - does not constitute infringement” under the federal trademark laws.

So on that basis, FuckedGoogle.com will be ok provided they don't put ads up, and Yagoohoo!gle will be just fine as soon as they stick "Yah boo! Google and Yahoo SUCK!" on their homepage...

Comments

Good Judgement....

I think it is a good judgement because I have been through the domain dispute nightmare. However, on the cautious side I wonder what it will unleash on the internet and I hope that I nor any of my clients end up on the Bosley side.

and ICANN says ...

This should be interesting because ICANN takes the diametrically opposite view. Better yet, all ICANN rules state that the choice of jurisdiction for disputes is in Virginia.

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