In his decision, Judge Robert Cleland said that CAN's case "must fail" because the company did not provide evidence that White had intended to profit from the domains. He did acknowledge, however, that White made some attempt to damage CAN's business by climbing the search rankings, but that it was only to warn other potential customers—an action that is protected under the First Amendment. Because White's websites didn't represent themselves as the real company websites for CAN and they provided accurate contact information, they were clearly gripe sites and did not infringe on CAN's marks.
As noted by TechLaw, the ruling included some extra details about what is required (or in this case, not required) to qualify as a "gripe site." careeragentsnetworks.biz did not include a disclaimer stating that it is not affiliated with CAN, for example—something that many gripe sites do for the explicit purpose of avoiding lawsuits like this—but that didn't make a difference in the ruling.
The decision has been applauded as a victory for the First Amendment, but is a frustrating one for trademark holders. Companies have been notoriously unhappy with the existence of gripe sites, though not everyone gives into legal threats. In 2007, we covered a case involving an Ars reader who was fighting a legal battle against Lowe's over his site, lowes-sucks.com, and in 2009, Goldman Sachs made headlines for trying to bully the creator of Goldmansachs666.com into shutting the site down.
When we spoke with EFF staff attorney Corynne McSherry in 2007, she told us that the courts have been clear that "gripe sites like this are protected—in fact, they want people to speak freely and share information about their experiences with various companies." As long as they don't represent themselves as the real company, it seems the courts are still on the side of dissatisfied consumers.
Muslim Academy on 20 Nov 12Northern areas of Pakistan For a decade, the northern areas of Pakistan have been under terrorism. The whole area was destroyed by terrorism and then the 2005 disastrous earthquake almost destroyed the northern area of Pakistan. At first, the innocent residents of northern Pakistan were under the terrorism of the Taliban and Al Qaeda; now, they are in the fear of the U.S. drone attacks. After the event of 9/11, the world has been completely changed, the western world, especially the U.S., has been hostile to countries like Pakistan, Afghanistan, Iran and Iraq. Will peace ever be restored in the northern areas of Pakistan? The northern area of Pakistan was under the invasion of the Taliban. The Taliban had taken over the area and enforced many severe laws. Girls were banned from acquiring education, girls' educational institutions were destroyed completely, and women were banned from earning a living. Women were also not allowed to go out of the house unnecessarily, if the situation occurs that they have to, they should be accompanied by male Mahram. If a female was caught alone in the street, then she was severely punished. A couple of years ago, a mobile phone recorded video was released in which the Taliban was spanking a girl with a leather belt in front of everyone. The girl was caught in the street with her father in law. The Pakistani Army conducted various operations in the areas and killed most of the Taliban and brought many areas back to peace.
