Supreme Court Passes On Falwell Web Fight
Associated Press

April 17, 2006 12:20 p.m.

http://online.wsj.com/article/SB114528939969527638.html?mod=technology_main_whats_news


WASHINGTON -- The Supreme Court declined to hear the appeal of evangelist 
Jerry Falwell on a case that sought to shut down a Web site with a similar 
name but opposite views on gays.

Mr. Falwell claims that a gay New York City man improperly draws people to 
a site by using a common misspelling of the reverend's name as the site's 
domain name.

A federal judge sided with Mr. Falwell, who runs Virginia-based Jerry 
Falwell ministries, on grounds that Christopher Lamparello's domain name 
was nearly identical to the trademark bearing Mr. Falwell's name and could 
confuse Web surfers.

But last year, the fourth U.S. Circuit Court of Appeals disagreed and said 
that Mr. Lamparello was free to operate his "gripe site" about Mr. 
Falwell's views on gays at www.fallwell.com. Mr. Lamparello "clearly 
created his Web site intending only to provide a forum to criticize ideas, 
not to steal customers," the court said.

The Jerry Falwell Ministries site is: www.falwell.com. Mr. Falwell's Web 
site is more high-tech, with pictures of the minister, and sales material 
for books and videos.

Mr. Lamparello's Web site is mainly in black and white, with no photographs 
or items for sale. He says that Mr. Falwell is wrong in preaching that gay 
people are sinners who can change. At the top of the site a disclaimer 
reads: "This Web site is NOT affiliated with Rev. Dr. Jerry Falwell or his 
ministry."

Mr. Falwell's attorneys have fought over domain names in the past. Three 
years ago, an Illinois man surrendered the domain names jerryfalwell.com 
and jerryfallwell.com after Mr. Falwell threatened to sue for trademark 
infringement.


================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
antunes at uh dot edu



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