4 ms·
If I'm not mistaken, the prevailing precedent here is found in Lamparello v. Falwell ( 420 F.3d 309 4th Cir. 2005 ) "On appeal in 2005, the United States Court
by spmurrayzzz 14y ago
If I'm not mistaken, the prevailing precedent here is found in Lamparello v. Falwell ( 420 F.3d 309 4th Cir. 2005 )
"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."[1]
Im not sure Michelin Guides has standing in this case, at least not under trademark law...
[1]http://en.wikipedia.org/wiki/Lamparello_v._Falwell http://en.wikipedia.org/wiki/Lamparello_v._Falwell