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Jerry Falwell Wins Dispute Over Fallwell.com
setzman writes "According to this article from CNN, conservative minister Jerry Falwell has succeeded in shutting down a web site run by a gay activist on the domain fallwell.com. The judge said it was 'nearly identical' to the registered trademark 'Jerry Falwell' name and was likely to be confusing to Web surfers." (This was a Federal case, held in the 4th Circuit Court.)
www.fallwell.com
Sometimes it is quite unlear if the domain name is the same because of conisidence, but in this case, Lamparello's site criticizes Falwell's stance against homosexuality and includes a disclaimer that reads, "This Web site is not affiliated with Jerry Falwell Ministries.", the site using the "same name" even admits they did choose the name because of the resembelence. This is something very different from the kathy.com story where Pengiun is trying to steal another persons domain for no reason.
9/11: Never forget it was a false-flag operation
setzman writes "According to this article from CNN, conservative minister Jerry Falwell has succeeded in shutting down a web site run by a gay activist on the domain fallwell.com. The judge said it was "nearly identical" to the registered trademark "Jerry Falwell" name and was likely to be confusing to Web surfers. Considering Falwell's audience, the judge was probably right.
C:\>
You sorta destroy your credibility to comment on such matters when you can't even differentiate between copyrights and trademarks.
BTW- Slashdot has reported on Jerry's crusade to trademark his name in the past. He even sent people overseas to lobby WIPO.
I've had enough abrasive sigs. Kittens are cute and fuzzy.
The point of the site was political speech about Jerry Falwell being a bigot. This is not a good ruling. This is completely contrary to the First Amendment. It will be appealed and overturned. The judge and Jerry Falwell are wrong.
Anyone remember the first lawsuits against from verizon against 2600 for verizonreallysucks.com ? I can't remember who won, but 2600s case was that the first amendment protected their right to make an anti-verizon website.
I suggest that the gay community registers fallwellsucks.com, a website dedicated to how much of a bigot fallwell is. Or, as www.fallwell.com previously was, a classy activists site void of name calling and libel...
-n
Abuse of trademark is typically tolerated in the case where the abuse involves meaningful civl discourse. This isn't a TRADE issue. It is a political and speech issue and the Virginia court just used trademark as a blunt instrument to suppress free speech.
A Pirate and a Puritan look the same on a balance sheet.
Here's an image that triggered an earlier Falwell lawsuit against Larry Flynt and Hustler magazine:
f licts/print/falwell.html
http://www.hfac.uh.edu/comm/media_libel/cases-con
Ironically enough, Falwell lost that one.
He also believes that God is going to drop an asteroid on Disney World Florida because of their gay friendly employment policies, and the all those peope were killed in 9/11 because God hates the gays. He also believes people shouldn't be allowed to make fun of him. Yeah. I know, it looks like I'm flamebaiting, and yet it's the truth.
No. If they aren't trying to use a misspelling to generate traffic on an alternative site about Falwell, Falwell would have no reason to come after them.
This guy was deliberately using a misspelling to generate traffic on the back of Falwell's "trademark" to "disparage" Falwell. That is a no-no.
Did you read the article or look at the Google cache of the site before posting? Silly question I guess. The judge took the defendents *intent* (which was clearly to attack Falwell) into account. It wasn't just the fact that the spelling was similar: it was the reason behind the site owner choosing the name (it's wasn't his, nor anything he had any reason to pick other than to attack the real guy) **AND** he was using it for commercial gain off the back of Jerry Falwell's name.
See: knowing some facts does help before making a judgement.
Bad analogies are like waxing a monkey with a rainbow.
Search slashdot arc. there have been cases dealing with that and the defant won meaning yes it is fine to create fallwellsucks.com and as long as you don't commit slander or volite some other law then no one can stop you.
Oh, I agree completely. For instance, listen to what he's actually saying here...
-------------
Then Falwell said, "What we saw on Tuesday, as terrible as it is, could be miniscule if, in fact, God continues to lift the curtain and allow the enemies of America to give us probably what we deserve."
Robertson replied, "Well, Jerry, that's my feeling. I think we've just seen the antechamber to terror, we haven't begun to see what they can do to the major population."
Falwell said, "The ACLU has got to take a lot of blame for this. And I know I'll hear from them for this, but throwing God...successfully with the help of the federal court system...throwing God out of the public square, out of the schools, the abortionists have got to bear some burden for this because God will not be mocked and when we destroy 40 million little innocent babies, we make God mad...I really believe that the pagans and the abortionists and the feminists and the gays and the lesbians who are actively trying to make that an alternative lifestyle, the ACLU, People for the American Way, all of them who try to secularize America...I point the thing in their face and say you helped this happen."
Robertson said, "I totally concur, and the problem is we've adopted that agenda at the highest levels of our government, and so we're responsible as a free society for what the top people do, and the top people, of course, is the court system."
Falwell added, "Pat, did you notice yesterday that the ACLU and all the Christ-haters, the People for the American Way, NOW, etc., were totally disregarded by the Democrats and the Republicans in both houses of Congress, as they went out on the steps and and called out to God in prayer and sang 'God bless America' and said, let the ACLU be hanged. In other words, when the nation is on its knees, the only normal and natural and spiritual thing to do is what we ought to be doing all the time, calling on God."
--------
However, in this case, the judge was correct in awarding the domain name back to Falwell, because the previous owner of falwell.com had no rights to the Falwell name and was clearly using the site to promote his own interests and personal and/or financial gain (sort of like what Penguin wanted to do with katie.com http://yro.slashdot.org/yro/04/08/06/155251.shtml? tid=95&tid=158&tid=123 , except that Penguin didn't get as far as registering the domain name and setting up their site (instead, they were stopped by /. http://yro.slashdot.org/comments.pl?sid=117050&thr eshold=1&commentsort=0&tid=192&tid=1&tid=17&tid=6& mode=thread&pid=9901789#9901835 :-).
What's worse? To be stopped by a judge? Or to be stopped by /.?
What's this have to do with free speech? They guy can say whatever he wants.
He just can't pretend, or try to trick people, into thinking he's someone else saying those things.
With freedom comes responsibility. With freedom of speech comes responsibility for deciept, slander, libel, harassment, etc..
So let him register Fallwellsucks.com or something else. I hate sleazy little scams like this.
What if I registered stallman.com and started selling XP Pro and SCO licenses through it, and ranting about viral licenses and how open source is destroying the economy? Or trovalds.com and I can talk about how crappy linux is.
Even with a microprint disclaimer at the bottom of the page saying "I am not affiliated with blah blah all similarities are pure coincidence".
I wonder if slashdotters would jump to defend my "freedom to pretend I'm Linus and tell people how much linux sucks and how many patents I willingly infringed".
I don't need no instructions to know how to rock!!!!
Informative?!? INFORMATIVE!?! FFS I was being **FUNNY**
/. mod guidelines:
You don't get karma++ for funny, to misquote from the
We want you to be smart, not smartassed.
But you did get karma++ for the informative, assuming that it holds up in metamod.
Do not meddle in the affairs of geeks for they are subtle and quick to anger
Care to point to where in the bible America is mentioned at all?
... the result is not good.
I had a student ask me, "Could the savior you believe in save Osama bin Laden?" Of course, we know the blood of Jesus Christ can save him, and then he must be executed. (this one I like)
God continues to lift the curtain and allow the enemies of America to give us probably what we deserve.-- Rev. Jerry Falwell, blaming civil libertarians, feminists, homosexuals, and abortion rights supporters for the terrorist attacks of Tuesday, September 11, 2001, to which Rev. Pat Robertson agreed, quoted from John F. Harris, "God Gave U.S. 'What We Deserve,' Falwell Says," The Washington Post (September 14, 2001)
The ACLU's got to take a lot of blame for this.
-- Rev. Jerry Falwell, blaming civil libertarians for the terrorist attacks of Tuesday, September 11, 2001, to which Rev. Pat Robertson again agreed, quoted from AANEWS #958 by American Atheists (September 14, 2001)
And, I know that I'll hear from them for this. But, throwing God out successfully with the help of the federal court system, throwing God out of the public square, out of the schools. The abortionists have got to bear some burden for this because God will not be mocked. And when we destroy 40 million little innocent babies, we make God mad. I really believe that the pagans, and the abortionists, and the feminists, and the gays and the lesbians who are actively trying to make that an alternative lifestyle, the ACLU, People for the American Way -- all of them who have tried to secularize America -- I point the finger in their face and say, "You helped this happen."
-- Rev. Jerry Falwell, blaming civil libertarians, feminists, homosexuals, and abortion rights supporters for the terrorist attacks of Tuesday, September 11, 2001, quoted from John F. Harris, "God Gave U.S. 'What We Deserve,' Falwell Says," The Washington Post (September 14, 2001)
I sincerely believe that the collective efforts of many secularists during the past generation, resulting in the expulsion from our schools and from the public square, has left us vulnerable.
-- Rev. Jerry Falwell, after the 700 Club broadcast wherein he had blamed civil libertarians, feminists, homosexuals, and abortion rights supporters for the terrorist attacks of Tuesday, September 11, 2001, speaking to The New York Times, quoted from Dick Meyer, "Holy Smoke," CBS News (September 15, 2001)
I put all the blame legally and morally on the actions of the terrorist, [but America's] secular and anti-Christian environment left us open to our Lord's [decision] not to protect. When a nation deserts God and expels God from the culture
-- Rev. Jerry Falwell, backpedaling amidst criticism of his statement blaming civil libertarians, feminists, homosexuals, and abortion rights supporters for the terrorist attacks of Tuesday, September 11, 2001, quoted from John F. Harris, "God Gave U.S. 'What We Deserve,' Falwell Says," The Washington Post (September 14, 2001)
Pat, did you notice yesterday the ACLU, and all the Christ-haters, People For the American Way, NOW, etc. were totally disregarded by the Democrats and the Republicans in both houses of Congress as they went out on the steps and called out on to God in prayer and sang "God Bless America" and said "let the ACLU be hanged"? In other words, when the nation is on its knees, the only normal and natural and spiritual thing to do is what we ought to be doing all the time -- calling upon God.
-- Rev. Jerry Falwell, justifying the breech of Constitutional Separation of Religion from Government while blaming civil libertarians for the terrorist attacks of Tuesday, September 11, 2001, to which Rev. Pat Robertson again agreed, quoted from AANEWS #958 by American Atheists (September 14, 2001)
I hope I live to see the day when, as in the early days of our country, we won't have any public schools. The churches will have taken them over again and Christians will be running them. What a happy day that will be!
I have to agree. And in other contexts, slashdotters would probably be agreeing as well (if it weren't Jerry Falwell). Slashdot seems rabidly opposed to businesses registering gogle.com and yaho.com and so on, but this man was doing something quite similar (and a bit more blatant) in registering falwell.com to promote his own anti-Falwell work. How does that differ from grabbing gooogle.com to derrive traffic from internet typos?
Boys from the City. Not yet caught by the Whirlwind of Progress. Feed soda pop to the thirsty pigs.
Nope - Larry Flynt was already accused, tried, and acquitted of doing just that in Hustler magazine decades ago. I'll leave the search for the parody he did up to the reader...
...and you run and you run and you can't stop what's been done...
It has been a common practice for some religious organizations to register their symbols as trademarks. (The Church of Christ, Scientist has registered their circular emblem, for example.) "Watchtower" and "Awake" are two pamphlets put out by the Jehovah's Witnesses; should they be denied the right to register the name of their publications as trademarks same as any other magazine? Isn't a particular church entitled to protection of its brand of God against tarnishment by another Trap of Satan(TM)'s brand of God?
The lessons of history teach us - if they teach us anything - that nobody learns the lessons that history teaches us.
Imagine, if you will, a multi-millionare TV Evangelist. Saved from Korean combat duty by his father, a US Senator. Studied law, but is not qualified to practise it. Father of a love child who, in adulthood, hosts the remnants of papa's religious propaganda program. Claims not to be a faith healer, but has in the past dealt sternly with everything from hemorroids to hurricanes. Involved with funding for an undeclared war in central America. Claiming Ronald Regan and Oliver North as close friends. Involved in suspicious tax avoidance schemes, under investigation for 16 months by the IRS. Claims to be a "Man of God". Currently seeking the United States presidency, hoping we will all follow him into the...
Twilight Zone
So it's protected free speech if you publish it out of pocket but loses its protection if you find a way to finance it? That upholds the notion that freedom of the press is only for those who own one. In a society so dominated by capital, if you are unable to raise money for your opinion then you're effectively censured.
Commercial speech is less protected (as it should be) than non-commercial speech. If Fallwell.com was merely an attempt to capitalize on spelling errors, then this is not different than for me to register Mircosoft as a platform for me to promote non-Microsoft software.
Now, if I put Mircosoft.com as a place for a parody like mslinux.org, that would probably be protected. Fallwell.com could have been a mere parody and that would have been acceptable, but it wasn't.
Nothing in the ruling effectively silences the guy. They just prevent him from profiting by diverting traffic in a deliberate attempt to divert value from a registered trademark. This is probably fair.
LedgerSMB: Open source Accounting/ERP
The deciding factor in this case was that the Fallwell.com website clearly identified that they had nothing to do with Falwell ministries. Even google's summary stated this and the disclaimer leads to Falwell.com in case you actually got lost and were searching around for your Reagan Tribute video. That's more than can be said for lazermonks which blatantly mooches business from the actual lasermonks
I thought people learned this lesson years ago with whitehouse.com, whitehouse.org, and whitehouse.gov.
Politicus
Flynt's parody.
:)
It's hilarious.