LSU Law School Sues Student Over Website

hij writes: "The NY Times has an article that gives details about how the LSU Law School is suing one of its own students for a web site he maintains. The web site contains information about the Law School and also includes articles that are critical of the Law School."

Comments

Non-commercial is a near-total defense

[Froomkin]

If your site is *totally* non-commercial, almost none of the trademark laws in the US apply to you. The major exception is "tarnishment," which these days means associating the mark with kiddie pr0n or the like. With that exception, trademark laws protect marks from **COMMERCIAL** confusion, not from criticism or parody.

The NYT article is in error, I believe, when it quotes a lawyer as saying the use of the school's colors is relevant to the outcome of this case. It is not. What is relevant is whether the use is commercial or non-commercial. The test for "commercial" is perhaps more hair-trigger than it ought to be: some cases have found asking for donations, selling a t-shirt, or running banner ads to be 'commercial' although it's unlikely we'd treat at least the donations as 'commercial' activity in any other context.