Sherman Hanes is a web designer whose firm does business using the name beatstreet. A company called Taubman Co. began building a mall called "The shops at Willow End" near Hane's home, Hanes registered the domain name "shopsatwillowend" and created a Web site with that address. The site featured information about the mall, a dsiclaimer indicating that Hanes's site was unofficial, and a link to the mall's official site.
Taubman discovered Hane's site and filed a suit in federal district against him. Hanes then registered various other names, including "Taubmansucks.co", with links to a site documenting his battle with Taubman. I understand that a Web name with a "sucks.com" moniker attached to it is known as a "complaint name", and the process of registering and using such names is known as "cybergriping"
Taubman then asked the court to stop Hane from using all of these names. My question is, should the court grant Taubman's request? And on what basis might the court protect Hane's use of the namess.
Any feedback will be appreciated.
The analysis here involves balancing two main interests of the parties:
1) Taubman's intellectal property; and
2) Hanes' Freedom of Speech
The Court will likely order that Hanes must remove the "shopsatwillowend" website because it infringes on Taubman's interest in intellectual property for a variety of reasons:
1) There could be copyright infringements for using symbols associated with ...
Anti-Cybersquatting Act and the free speech cases comprise the context.