Jerry Falwell has suggested that people who are gay and lesbian
are sinning and that one's sexual orientation is something that can
be changed, according to Christopher Lamparello, who set up the
'gripe site' to challenge Falwell's views.
Falwell sued, but the US Appeals Court ruled in August 2005 that
Lamparello's site did not violate trade mark law because it is not
a confusing use of Falwell’s trade mark.
“Although Lamparello and Reverend Falwell employ similar marks
online, Lamparello’s website looks nothing like Reverend Falwell’s;
indeed, Lamparello has made no attempt to imitate Reverend
Falwell’s website,” wrote Judge Diana Motz, giving the unanimous
opinion of the Appeals Court last year.
“After even a quick glance at the content of the website at
www.fallwell.com, no one seeking Reverend Falwell’s guidance would
be misled by the domain name – www.fallwell.com – into believing
that Reverend Falwell authorised the content of that website,” she
added.
Falwell had argued that the domain was infringing because the
misspelling would lure browsers onto Lamparello’s site, but the
Court held that it was the context in which the mark was seen that
was important – i.e. the content of the site.
The Supreme Court did not give any reasons for declining to hear
the appeal.
