USATODAY: Appeals court says gripe site free to disparage namesake

[BigBearJohn]

SAN FRANCISCO — A man can disparage a hair-restoration company on a Web site using the company's name without violating copyright law, an appeals court ruled Monday.
Bosley Medical Institute in Seattle sued former client Michael Kremer after he created a Web site in 2000 in a "bald-faced effort to get even" with the company, the 9th U.S. Circuit Court of Appeals said.

Kremer, who had been unhappy with the outcome of his hair restoration, used the company's name in the Web site address, www.bosleymedical.com. The company claimed his use of the name was trademark infringement.

But the appeals court disagreed, saying the Web site was not created to make a profit or to confuse Bosley's customers and potential clients. There were no links on the site to other hair-restoration providers, the court noted.

More at: http://yahoo.usatoday.com/tech/news/techpolicy/2005-04-05-gripe-site-protected_x.htm?csp=1

[leftofcool]

1. Chalk one up for the little guy! eom

[displacedtexan]

2. Very Good News!

Thanks for posting!

[Pinboy]

3. Hair, hair!

[warrens]

4. I can't believe this even got a hearing

You can't complain about a bad product? An interesting, if stupid, case theory.

[central scrutinizer]

5. this is the cyber equivalent of

parking in front of a car dealership with big lemon posters in every window passing out leaflets to potential customers. One of my college friends was ripped off by a used car lot so his father dressed up all of the kids in rags (big family) and with signs and they sat around the place scaring off so many customers that they finally got their money back.

[BigBearJohn]

6. exactly. Still, I was glad to hear it.