Falwell Critic Permitted to Keep "fallwell.com" Gripe Site Domain Name

In a victory for free speech advocates and operators of internet "gripe sites," the U.S. Court of Appeals for the Fourth Circuit reversed a summary judgment ordering domain name registrant Christopher Lamparello to cease using the name "fallwell.com" and to transfer it to the controversial televangelist and political commentator Jerry Falwell. In its decision, the Fourth Circuit rejected Falwell’s trademark infringement and cybersquatting claims because there was no likelihood of confusion between Falwell’s web site and trademarks and Lamparello’s use of the domain name "fallwell.com" to criticize Falwell’s views on homosexuality. Lamparello v. Falwell, Case No. 04-2011, 2005 U.S. App. LEXIS 18156 (4th Cir. Aug. 24, 2005) (Motz, J.).