February 13, 2004

Shout it from the Rooftops

but not from Google. TM Blog has this AP report that Google banned an Adword ad keyed to 'cruise vacation' and 'cruise ship', linking to a website critical of Royal Caribbean.

Google obviously wants to avoid conflict on this hot topic issue, but this type of criticism or cybergriping, as opposed to cybersquatting, seems to be ok with some courts
In J.K. Harris v. Taxes.com, defendant was not proscribed from using its competitors' trademark in a nominative manner to criticize the competitor where the defendant had gathered the facts and declared them to be factually correct.

Similarly, in Taubman v. Webfeats, the Sixth Circuit held that defendant's registration of gripe sites incorporating plaintiff's trademarks into the domain names was protected by the First Amendment: although economic damage might [result], the First Amendment protects critical commentary when there is no confusion as to source, even when it involves the criticism of a business...as long as his speech is not commercially misleading, the Lanham Act cannot be summoned to prevent it.
Excerpted from: Diverting Traffic On The Web: Trademarks And The First Amendment


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