Supreme Court Refuses To Hear Falwell Web-Site Case

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

18 April 2006

US evangelist Jerry Falwell failed in his attempt to shut down a web-site with a similar name to his own but with competing views when the Supreme Court on Monday refused to hear an appeal against a lower court decision.

Christopher Lamparello operates a site under the name fallwell.com which contests Falwell's anti-homosexual views. A federal judge ruled in favour of Falwell, but the 4th US Circuit Court of Appeals overturned the verdict.

The Appeals Court hearing received amici briefs from the American Civil Liberties Union and the Intellectual Property Law Faculty. The ACLU called the ruling a victory for free speech.

In its ruling, the Court said: 'Reverend Falwell’s mark is distinctive, and the domain name of Lamparello’s website . . . closely resembles it. But, 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.'

'Lamparello clearly created his website intending only to provide a forum to criticize ideas, not to steal customers.
Most importantly, Reverend Falwell and Lamparello do not offer similar goods or services. Rather they offer opposing ideas and commentary.'

' 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 . . . into believing Reverend Falwell authorized the content of that website.'

Lamparello's site has a prominent disclaimer reading: 'This Web site is NOT affiliated with Rev. Dr. Jerry Falwell or his ministry.'

Three years ago, Jerry Falwell succeeded in taking over domain names jerryfalwell.com and jerryfallwell.com in a trademark infringement action.

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