Evangelist Falwell Loses Trademark 'Typosquatting' Case

by Glen Shapiro, LawAndTax-News.com, New York

26 August 2005

A federal appeals court ruled this week that Christopher Lamparello can continue to criticize US preacher Jerry Falwell from a site called fallwell.com. There was no likelihood of confusion, ruled the Court.

A three-judge panel on the U.S. Court of Appeals for the Fourth Circuit reversed a ruling by Judge Claude Hilton of the Alexandria District Court in August 2004 that the domain might confuse web users. However, the judge stayed an injunction issued against Lamparello the appeal had been heard.

Falwell's attorney, John Midlen, said he was disappointed and dismayed, but Lamparello's attorney, Paul Levy, said the ruling was"a very important Internet free-speech decision, perhaps the most significant of our domain name cases from the past several years."

Lamparello, a gay rights activist, registered fallwell.com in 1999 after hearing Falwell voice what he considered to be offensive opinions about homosexuality. The site invites visitors to find out why 'Rev. Falwell is completely wrong about people who are gay or lesbian'. The site contains disclaimers with links to Falwell's official site.

Falwell sent Lamparello letters in October 2001 and June 2003 demanding that the site be taken down, then filed claims of trademark infringement, false designation of origin, unfair competition and cybersquatting.

“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 Court.

“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.

The American Civil Liberties Union (ACLU) and its Virginia branch submitted briefs to the 4th Circuit in support of Lamparello, arguing that he has a free speech right to use the domain name in that it is descriptive of content, like a film or book title.

“This decision is a victory for free speech on the internet,” said ACLU of Virginia executive director Kent Willis. “The internet provides unique opportunities for ordinary citizens to speak to a world-wide audience on matters of public concern. Trade mark law must not be used to inhibit the freedom of speech in this powerful and important medium.”

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