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Highest Court Yet Says "Sucks.com" Domains OK
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posted by md
on Saturday February 08, @10:53AM
from the finally dept.
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In a landmark case for owners of domain names that criticize trademark owners, the 6th Circuit Court of Appeals yesterday overruled a lower court opinion that had granted an injunction over the owner of several SUCKS.COM domain names. Hank Mishkoff, who owns taubmansucks.com and shopsatwillowbendsucks.com, and uses them to criticize a shopping mall project in his area, emerged victorious from his lengthy dispute with Defendant shopping mall owner. The court found that there was no likelihood of confusion in connection with use of the domain names and that restricting use of them would be akin to telling Mishkoff that he could not shout "Taubman Sucks!" from his roof top. The Sixth Circuit opinion goes directly against dozens of ICANN sanctioned UDRP disputes and reaffirms what free speech advocates and trademark law experts have been saying for years. Public Citizen Litigation Group, which represented Mishkoff, has complete coverage and a statement.
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