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Sep/04

First Amendment / Domain Name Case – 8th Circuit


“The question raised in this case is whether the First Amendment protects a misleading use of plaintiffs’ marks in domain names to attract an unwitting and possibly unwilling audience to [defendant’s] message.  Use of a famous mark in this way could be seen as the information superhighway equivalent of posting a large sign bearing a McDonald’s logo before a freeway exit for the purpose of diverting unwitting travelers to the site of an antiabortion rally.”

from  Coca Cola ,et. al. v. Purdy, Civ. No. 02-2894 (8th Cir. Sept. 1 2004).  Note: The photo above is from a billboard company here and is not related to this case in any way.

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