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''Lamparello v. Falwell''''', 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements of popular and sometimes controversial Christian evangelical preacher Rev. Dr. Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell.The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting. On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.==Background==In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.Lamparello's site was plainly critical of Falwell and had very little viewership. The website offered no goods or services for sale, though the website contained a link to a separate Amazon.com webpage selling a book supporting his views, but Lamparello did not stand to financially gain from the sales of the book. Lamparello's website also contained prominent statements declaring that it was not affiliated with Falwell and his ministry, and provided a hyperlink to redirect viewers to Falwell's official website. Lamparello claimed that the domain name was chosen as a parody of Falwell's name, combining "fall" and "well". Falwell had a registered trademark in the name "Listen America with Jerry Falwell". At the time, Falwell did not have any registered trademarks in the names "Falwell" or "Fallwell", but was in the process of registering the name "Jerry Falwell". Falwell had an official website at the domain name falwell.com, where he also sold goods.Believing in a confusing similarity between the two domain names, Falwell sent Lamparello letters in 2001 and 2003 demanding that Lamparello cease and desist from using fallwell.com or any variation of Falwell's name as a domain name. Lamparello did not comply.Anti-cybersquatting Consumer Protection Act (ACPA) contains a clause (Section 3(a), amending to include sub-section (d)(2)(B)(ii)), which is aimed at combatting typosquatting. -->
''Lamparello v. Falwell'', 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.
In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements of popular and sometimes controversial Christian evangelical preacher Rev. Dr. Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell.
The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting.
On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.
==Background==
In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.
Lamparello's site was plainly critical of Falwell and had very little viewership.〔 The website offered no goods or services for sale, though the website contained a link to a separate Amazon.com webpage selling a book supporting his views, but Lamparello did not stand to financially gain from the sales of the book. Lamparello's website also contained prominent statements declaring that it was not affiliated with Falwell and his ministry, and provided a hyperlink to redirect viewers to Falwell's official website.〔 Lamparello claimed that the domain name was chosen as a parody of Falwell's name, combining "fall" and "well".〔
Falwell had a registered trademark in the name "Listen America with Jerry Falwell". At the time, Falwell did not have any registered trademarks in the names "Falwell" or "Fallwell", but was in the process of registering the name "Jerry Falwell". Falwell had an official website at the domain name falwell.com, where he also sold goods.〔
Believing in a confusing similarity between the two domain names, Falwell sent Lamparello letters in 2001 and 2003 demanding that Lamparello cease and desist from using fallwell.com or any variation of Falwell's name as a domain name. Lamparello did not comply.
抄文引用元・出典: フリー百科事典『 ">ウィキペディア（Wikipedia）』
■">ウィキペディアで「'''''Lamparello v. Falwell''''', 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements of popular and sometimes controversial Christian evangelical preacher Rev. Dr. Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell.The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting. On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.==Background==In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.Lamparello's site was plainly critical of Falwell and had very little viewership. The website offered no goods or services for sale, though the website contained a link to a separate Amazon.com webpage selling a book supporting his views, but Lamparello did not stand to financially gain from the sales of the book. Lamparello's website also contained prominent statements declaring that it was not affiliated with Falwell and his ministry, and provided a hyperlink to redirect viewers to Falwell's official website. Lamparello claimed that the domain name was chosen as a parody of Falwell's name, combining "fall" and "well". Falwell had a registered trademark in the name "Listen America with Jerry Falwell". At the time, Falwell did not have any registered trademarks in the names "Falwell" or "Fallwell", but was in the process of registering the name "Jerry Falwell". Falwell had an official website at the domain name falwell.com, where he also sold goods.Believing in a confusing similarity between the two domain names, Falwell sent Lamparello letters in 2001 and 2003 demanding that Lamparello cease and desist from using fallwell.com or any variation of Falwell's name as a domain name. Lamparello did not comply.Anti-cybersquatting Consumer Protection Act (ACPA) contains a clause (Section 3(a), amending to include sub-section (d)(2)(B)(ii)), which is aimed at combatting typosquatting. -->」の詳細全文を読む
'Lamparello v. Falwell'', 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements of popular and sometimes controversial Christian evangelical preacher Rev. Dr. Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell.The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting. On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.==Background==In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.Lamparello's site was plainly critical of Falwell and had very little viewership. The website offered no goods or services for sale, though the website contained a link to a separate Amazon.com webpage selling a book supporting his views, but Lamparello did not stand to financially gain from the sales of the book. Lamparello's website also contained prominent statements declaring that it was not affiliated with Falwell and his ministry, and provided a hyperlink to redirect viewers to Falwell's official website. Lamparello claimed that the domain name was chosen as a parody of Falwell's name, combining "fall" and "well". Falwell had a registered trademark in the name "Listen America with Jerry Falwell". At the time, Falwell did not have any registered trademarks in the names "Falwell" or "Fallwell", but was in the process of registering the name "Jerry Falwell". Falwell had an official website at the domain name falwell.com, where he also sold goods.Believing in a confusing similarity between the two domain names, Falwell sent Lamparello letters in 2001 and 2003 demanding that Lamparello cease and desist from using fallwell.com or any variation of Falwell's name as a domain name. Lamparello did not comply.Anti-cybersquatting Consumer Protection Act (ACPA) contains a clause (Section 3(a), amending to include sub-section (d)(2)(B)(ii)), which is aimed at combatting typosquatting. -->
''Lamparello v. Falwell'', 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.
In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements of popular and sometimes controversial Christian evangelical preacher Rev. Dr. Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell.
The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting.
On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.
==Background==
In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.
Lamparello's site was plainly critical of Falwell and had very little viewership.〔 The website offered no goods or services for sale, though the website contained a link to a separate Amazon.com webpage selling a book supporting his views, but Lamparello did not stand to financially gain from the sales of the book. Lamparello's website also contained prominent statements declaring that it was not affiliated with Falwell and his ministry, and provided a hyperlink to redirect viewers to Falwell's official website.〔 Lamparello claimed that the domain name was chosen as a parody of Falwell's name, combining "fall" and "well".〔
Falwell had a registered trademark in the name "Listen America with Jerry Falwell". At the time, Falwell did not have any registered trademarks in the names "Falwell" or "Fallwell", but was in the process of registering the name "Jerry Falwell". Falwell had an official website at the domain name falwell.com, where he also sold goods.〔
Believing in a confusing similarity between the two domain names, Falwell sent Lamparello letters in 2001 and 2003 demanding that Lamparello cease and desist from using fallwell.com or any variation of Falwell's name as a domain name. Lamparello did not comply.
抄文引用元・出典: フリー百科事典『 ">ウィキペディア（Wikipedia）』
■">ウィキペディアで「'''''Lamparello v. Falwell''''', 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements of popular and sometimes controversial Christian evangelical preacher Rev. Dr. Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell.The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting. On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.==Background==In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.Lamparello's site was plainly critical of Falwell and had very little viewership. The website offered no goods or services for sale, though the website contained a link to a separate Amazon.com webpage selling a book supporting his views, but Lamparello did not stand to financially gain from the sales of the book. Lamparello's website also contained prominent statements declaring that it was not affiliated with Falwell and his ministry, and provided a hyperlink to redirect viewers to Falwell's official website. Lamparello claimed that the domain name was chosen as a parody of Falwell's name, combining "fall" and "well". Falwell had a registered trademark in the name "Listen America with Jerry Falwell". At the time, Falwell did not have any registered trademarks in the names "Falwell" or "Fallwell", but was in the process of registering the name "Jerry Falwell". Falwell had an official website at the domain name falwell.com, where he also sold goods.Believing in a confusing similarity between the two domain names, Falwell sent Lamparello letters in 2001 and 2003 demanding that Lamparello cease and desist from using fallwell.com or any variation of Falwell's name as a domain name. Lamparello did not comply.Anti-cybersquatting Consumer Protection Act (ACPA) contains a clause (Section 3(a), amending to include sub-section (d)(2)(B)(ii)), which is aimed at combatting typosquatting. -->」の詳細全文を読む
', 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements of popular and sometimes controversial Christian evangelical preacher Rev. Dr. Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell.The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting. On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.==Background==In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.Lamparello's site was plainly critical of Falwell and had very little viewership. The website offered no goods or services for sale, though the website contained a link to a separate Amazon.com webpage selling a book supporting his views, but Lamparello did not stand to financially gain from the sales of the book. Lamparello's website also contained prominent statements declaring that it was not affiliated with Falwell and his ministry, and provided a hyperlink to redirect viewers to Falwell's official website. Lamparello claimed that the domain name was chosen as a parody of Falwell's name, combining "fall" and "well". Falwell had a registered trademark in the name "Listen America with Jerry Falwell". At the time, Falwell did not have any registered trademarks in the names "Falwell" or "Fallwell", but was in the process of registering the name "Jerry Falwell". Falwell had an official website at the domain name falwell.com, where he also sold goods.Believing in a confusing similarity between the two domain names, Falwell sent Lamparello letters in 2001 and 2003 demanding that Lamparello cease and desist from using fallwell.com or any variation of Falwell's name as a domain name. Lamparello did not comply.Anti-cybersquatting Consumer Protection Act (ACPA) contains a clause (Section 3(a), amending to include sub-section (d)(2)(B)(ii)), which is aimed at combatting typosquatting. -->
''Lamparello v. Falwell'', 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.
In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements of popular and sometimes controversial Christian evangelical preacher Rev. Dr. Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell.
The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting.
On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.
==Background==
In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.
Lamparello's site was plainly critical of Falwell and had very little viewership.〔 The website offered no goods or services for sale, though the website contained a link to a separate Amazon.com webpage selling a book supporting his views, but Lamparello did not stand to financially gain from the sales of the book. Lamparello's website also contained prominent statements declaring that it was not affiliated with Falwell and his ministry, and provided a hyperlink to redirect viewers to Falwell's official website.〔 Lamparello claimed that the domain name was chosen as a parody of Falwell's name, combining "fall" and "well".〔
Falwell had a registered trademark in the name "Listen America with Jerry Falwell". At the time, Falwell did not have any registered trademarks in the names "Falwell" or "Fallwell", but was in the process of registering the name "Jerry Falwell". Falwell had an official website at the domain name falwell.com, where he also sold goods.〔
Believing in a confusing similarity between the two domain names, Falwell sent Lamparello letters in 2001 and 2003 demanding that Lamparello cease and desist from using fallwell.com or any variation of Falwell's name as a domain name. Lamparello did not comply.
抄文引用元・出典: フリー百科事典『 ">ウィキペディア（Wikipedia）』
■">ウィキペディアで「'''''Lamparello v. Falwell''''', 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements of popular and sometimes controversial Christian evangelical preacher Rev. Dr. Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell.The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting. On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.==Background==In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.Lamparello's site was plainly critical of Falwell and had very little viewership. The website offered no goods or services for sale, though the website contained a link to a separate Amazon.com webpage selling a book supporting his views, but Lamparello did not stand to financially gain from the sales of the book. Lamparello's website also contained prominent statements declaring that it was not affiliated with Falwell and his ministry, and provided a hyperlink to redirect viewers to Falwell's official website. Lamparello claimed that the domain name was chosen as a parody of Falwell's name, combining "fall" and "well". Falwell had a registered trademark in the name "Listen America with Jerry Falwell". At the time, Falwell did not have any registered trademarks in the names "Falwell" or "Fallwell", but was in the process of registering the name "Jerry Falwell". Falwell had an official website at the domain name falwell.com, where he also sold goods.Believing in a confusing similarity between the two domain names, Falwell sent Lamparello letters in 2001 and 2003 demanding that Lamparello cease and desist from using fallwell.com or any variation of Falwell's name as a domain name. Lamparello did not comply.Anti-cybersquatting Consumer Protection Act (ACPA) contains a clause (Section 3(a), amending to include sub-section (d)(2)(B)(ii)), which is aimed at combatting typosquatting. -->」の詳細全文を読む
'Lamparello v. Falwell'', 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements of popular and sometimes controversial Christian evangelical preacher Rev. Dr. Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell.The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting. On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.==Background==In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.Lamparello's site was plainly critical of Falwell and had very little viewership. The website offered no goods or services for sale, though the website contained a link to a separate Amazon.com webpage selling a book supporting his views, but Lamparello did not stand to financially gain from the sales of the book. Lamparello's website also contained prominent statements declaring that it was not affiliated with Falwell and his ministry, and provided a hyperlink to redirect viewers to Falwell's official website. Lamparello claimed that the domain name was chosen as a parody of Falwell's name, combining "fall" and "well". Falwell had a registered trademark in the name "Listen America with Jerry Falwell". At the time, Falwell did not have any registered trademarks in the names "Falwell" or "Fallwell", but was in the process of registering the name "Jerry Falwell". Falwell had an official website at the domain name falwell.com, where he also sold goods.Believing in a confusing similarity between the two domain names, Falwell sent Lamparello letters in 2001 and 2003 demanding that Lamparello cease and desist from using fallwell.com or any variation of Falwell's name as a domain name. Lamparello did not comply.Anti-cybersquatting Consumer Protection Act (ACPA) contains a clause (Section 3(a), amending to include sub-section (d)(2)(B)(ii)), which is aimed at combatting typosquatting. -->">ウィキペディア（Wikipedia）』
■">ウィキペディアで「'''''Lamparello v. Falwell''''', 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements of popular and sometimes controversial Christian evangelical preacher Rev. Dr. Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell.The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting. On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.==Background==In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.Lamparello's site was plainly critical of Falwell and had very little viewership. The website offered no goods or services for sale, though the website contained a link to a separate Amazon.com webpage selling a book supporting his views, but Lamparello did not stand to financially gain from the sales of the book. Lamparello's website also contained prominent statements declaring that it was not affiliated with Falwell and his ministry, and provided a hyperlink to redirect viewers to Falwell's official website. Lamparello claimed that the domain name was chosen as a parody of Falwell's name, combining "fall" and "well". Falwell had a registered trademark in the name "Listen America with Jerry Falwell". At the time, Falwell did not have any registered trademarks in the names "Falwell" or "Fallwell", but was in the process of registering the name "Jerry Falwell". Falwell had an official website at the domain name falwell.com, where he also sold goods.Believing in a confusing similarity between the two domain names, Falwell sent Lamparello letters in 2001 and 2003 demanding that Lamparello cease and desist from using fallwell.com or any variation of Falwell's name as a domain name. Lamparello did not comply.Anti-cybersquatting Consumer Protection Act (ACPA) contains a clause (Section 3(a), amending to include sub-section (d)(2)(B)(ii)), which is aimed at combatting typosquatting. -->」の詳細全文を読む
', 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements of popular and sometimes controversial Christian evangelical preacher Rev. Dr. Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell.The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting. On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.==Background==In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.Lamparello's site was plainly critical of Falwell and had very little viewership. The website offered no goods or services for sale, though the website contained a link to a separate Amazon.com webpage selling a book supporting his views, but Lamparello did not stand to financially gain from the sales of the book. Lamparello's website also contained prominent statements declaring that it was not affiliated with Falwell and his ministry, and provided a hyperlink to redirect viewers to Falwell's official website. Lamparello claimed that the domain name was chosen as a parody of Falwell's name, combining "fall" and "well". Falwell had a registered trademark in the name "Listen America with Jerry Falwell". At the time, Falwell did not have any registered trademarks in the names "Falwell" or "Fallwell", but was in the process of registering the name "Jerry Falwell". Falwell had an official website at the domain name falwell.com, where he also sold goods.Believing in a confusing similarity between the two domain names, Falwell sent Lamparello letters in 2001 and 2003 demanding that Lamparello cease and desist from using fallwell.com or any variation of Falwell's name as a domain name. Lamparello did not comply.Anti-cybersquatting Consumer Protection Act (ACPA) contains a clause (Section 3(a), amending to include sub-section (d)(2)(B)(ii)), which is aimed at combatting typosquatting. -->">ウィキペディア（Wikipedia）』
■">ウィキペディアで「'''''Lamparello v. Falwell''''', 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements of popular and sometimes controversial Christian evangelical preacher Rev. Dr. Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell.The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting. On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.==Background==In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.Lamparello's site was plainly critical of Falwell and had very little viewership. The website offered no goods or services for sale, though the website contained a link to a separate Amazon.com webpage selling a book supporting his views, but Lamparello did not stand to financially gain from the sales of the book. Lamparello's website also contained prominent statements declaring that it was not affiliated with Falwell and his ministry, and provided a hyperlink to redirect viewers to Falwell's official website. Lamparello claimed that the domain name was chosen as a parody of Falwell's name, combining "fall" and "well". Falwell had a registered trademark in the name "Listen America with Jerry Falwell". At the time, Falwell did not have any registered trademarks in the names "Falwell" or "Fallwell", but was in the process of registering the name "Jerry Falwell". Falwell had an official website at the domain name falwell.com, where he also sold goods.Believing in a confusing similarity between the two domain names, Falwell sent Lamparello letters in 2001 and 2003 demanding that Lamparello cease and desist from using fallwell.com or any variation of Falwell's name as a domain name. Lamparello did not comply.Anti-cybersquatting Consumer Protection Act (ACPA) contains a clause (Section 3(a), amending to include sub-section (d)(2)(B)(ii)), which is aimed at combatting typosquatting. -->」の詳細全文を読む
'Lamparello v. Falwell'', 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements of popular and sometimes controversial Christian evangelical preacher Rev. Dr. Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell.The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting. On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.==Background==In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.Lamparello's site was plainly critical of Falwell and had very little viewership. The website offered no goods or services for sale, though the website contained a link to a separate Amazon.com webpage selling a book supporting his views, but Lamparello did not stand to financially gain from the sales of the book. Lamparello's website also contained prominent statements declaring that it was not affiliated with Falwell and his ministry, and provided a hyperlink to redirect viewers to Falwell's official website. Lamparello claimed that the domain name was chosen as a parody of Falwell's name, combining "fall" and "well". Falwell had a registered trademark in the name "Listen America with Jerry Falwell". At the time, Falwell did not have any registered trademarks in the names "Falwell" or "Fallwell", but was in the process of registering the name "Jerry Falwell". Falwell had an official website at the domain name falwell.com, where he also sold goods.Believing in a confusing similarity between the two domain names, Falwell sent Lamparello letters in 2001 and 2003 demanding that Lamparello cease and desist from using fallwell.com or any variation of Falwell's name as a domain name. Lamparello did not comply.Anti-cybersquatting Consumer Protection Act (ACPA) contains a clause (Section 3(a), amending to include sub-section (d)(2)(B)(ii)), which is aimed at combatting typosquatting. -->">ウィキペディアで「'''''Lamparello v. Falwell''''', 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements of popular and sometimes controversial Christian evangelical preacher Rev. Dr. Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell.The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting. On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.==Background==In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.Lamparello's site was plainly critical of Falwell and had very little viewership. The website offered no goods or services for sale, though the website contained a link to a separate Amazon.com webpage selling a book supporting his views, but Lamparello did not stand to financially gain from the sales of the book. Lamparello's website also contained prominent statements declaring that it was not affiliated with Falwell and his ministry, and provided a hyperlink to redirect viewers to Falwell's official website. Lamparello claimed that the domain name was chosen as a parody of Falwell's name, combining "fall" and "well". Falwell had a registered trademark in the name "Listen America with Jerry Falwell". At the time, Falwell did not have any registered trademarks in the names "Falwell" or "Fallwell", but was in the process of registering the name "Jerry Falwell". Falwell had an official website at the domain name falwell.com, where he also sold goods.Believing in a confusing similarity between the two domain names, Falwell sent Lamparello letters in 2001 and 2003 demanding that Lamparello cease and desist from using fallwell.com or any variation of Falwell's name as a domain name. Lamparello did not comply.Anti-cybersquatting Consumer Protection Act (ACPA) contains a clause (Section 3(a), amending to include sub-section (d)(2)(B)(ii)), which is aimed at combatting typosquatting. -->」の詳細全文を読む
', 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements of popular and sometimes controversial Christian evangelical preacher Rev. Dr. Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell.The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting. On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.==Background==In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.Lamparello's site was plainly critical of Falwell and had very little viewership. The website offered no goods or services for sale, though the website contained a link to a separate Amazon.com webpage selling a book supporting his views, but Lamparello did not stand to financially gain from the sales of the book. Lamparello's website also contained prominent statements declaring that it was not affiliated with Falwell and his ministry, and provided a hyperlink to redirect viewers to Falwell's official website. Lamparello claimed that the domain name was chosen as a parody of Falwell's name, combining "fall" and "well". Falwell had a registered trademark in the name "Listen America with Jerry Falwell". At the time, Falwell did not have any registered trademarks in the names "Falwell" or "Fallwell", but was in the process of registering the name "Jerry Falwell". Falwell had an official website at the domain name falwell.com, where he also sold goods.Believing in a confusing similarity between the two domain names, Falwell sent Lamparello letters in 2001 and 2003 demanding that Lamparello cease and desist from using fallwell.com or any variation of Falwell's name as a domain name. Lamparello did not comply.Anti-cybersquatting Consumer Protection Act (ACPA) contains a clause (Section 3(a), amending to include sub-section (d)(2)(B)(ii)), which is aimed at combatting typosquatting. -->">ウィキペディアで「''Lamparello v. Falwell''''', 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements of popular and sometimes controversial Christian evangelical preacher Rev. Dr. Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell.The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting. On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.==Background==In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.Lamparello's site was plainly critical of Falwell and had very little viewership. The website offered no goods or services for sale, though the website contained a link to a separate Amazon.com webpage selling a book supporting his views, but Lamparello did not stand to financially gain from the sales of the book. Lamparello's website also contained prominent statements declaring that it was not affiliated with Falwell and his ministry, and provided a hyperlink to redirect viewers to Falwell's official website. Lamparello claimed that the domain name was chosen as a parody of Falwell's name, combining "fall" and "well". Falwell had a registered trademark in the name "Listen America with Jerry Falwell". At the time, Falwell did not have any registered trademarks in the names "Falwell" or "Fallwell", but was in the process of registering the name "Jerry Falwell". Falwell had an official website at the domain name falwell.com, where he also sold goods.Believing in a confusing similarity between the two domain names, Falwell sent Lamparello letters in 2001 and 2003 demanding that Lamparello cease and desist from using fallwell.com or any variation of Falwell's name as a domain name. Lamparello did not comply.Anti-cybersquatting Consumer Protection Act (ACPA) contains a clause (Section 3(a), amending to include sub-section (d)(2)(B)(ii)), which is aimed at combatting typosquatting. -->」の詳細全文を読む
'Lamparello v. Falwell'', 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements of popular and sometimes controversial Christian evangelical preacher Rev. Dr. Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell.The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting. On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.==Background==In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.Lamparello's site was plainly critical of Falwell and had very little viewership. The website offered no goods or services for sale, though the website contained a link to a separate Amazon.com webpage selling a book supporting his views, but Lamparello did not stand to financially gain from the sales of the book. Lamparello's website also contained prominent statements declaring that it was not affiliated with Falwell and his ministry, and provided a hyperlink to redirect viewers to Falwell's official website. Lamparello claimed that the domain name was chosen as a parody of Falwell's name, combining "fall" and "well". Falwell had a registered trademark in the name "Listen America with Jerry Falwell". At the time, Falwell did not have any registered trademarks in the names "Falwell" or "Fallwell", but was in the process of registering the name "Jerry Falwell". Falwell had an official website at the domain name falwell.com, where he also sold goods.Believing in a confusing similarity between the two domain names, Falwell sent Lamparello letters in 2001 and 2003 demanding that Lamparello cease and desist from using fallwell.com or any variation of Falwell's name as a domain name. Lamparello did not comply.Anti-cybersquatting Consumer Protection Act (ACPA) contains a clause (Section 3(a), amending to include sub-section (d)(2)(B)(ii)), which is aimed at combatting typosquatting. -->」の詳細全文を読む
', 420 F.3d 309, is a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements of popular and sometimes controversial Christian evangelical preacher Rev. Dr. Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell.The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting. On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.==Background==In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.Lamparello's site was plainly critical of Falwell and had very little viewership. The website offered no goods or services for sale, though the website contained a link to a separate Amazon.com webpage selling a book supporting his views, but Lamparello did not stand to financially gain from the sales of the book. Lamparello's website also contained prominent statements declaring that it was not affiliated with Falwell and his ministry, and provided a hyperlink to redirect viewers to Falwell's official website. Lamparello claimed that the domain name was chosen as a parody of Falwell's name, combining "fall" and "well". Falwell had a registered trademark in the name "Listen America with Jerry Falwell". At the time, Falwell did not have any registered trademarks in the names "Falwell" or "Fallwell", but was in the process of registering the name "Jerry Falwell". Falwell had an official website at the domain name falwell.com, where he also sold goods.Believing in a confusing similarity between the two domain names, Falwell sent Lamparello letters in 2001 and 2003 demanding that Lamparello cease and desist from using fallwell.com or any variation of Falwell's name as a domain name. Lamparello did not comply.Anti-cybersquatting Consumer Protection Act (ACPA) contains a clause (Section 3(a), amending to include sub-section (d)(2)(B)(ii)), which is aimed at combatting typosquatting. -->」の詳細全文を読む
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