Law for Business 12th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 2

Reverend Jerry Falwell holds the trademark "Jerry Falwell," and Jerry Falwell Ministries can be found online at "www.falwell.com," a website which receives 9,000 hits per day. Christopher Lamparello created a website at the domain name "www.fallwell.com" to respond to what he believed were Falwell's "untruths about gay people." Although the interior pages of Lamparello's website did not contain a disclaimer, the homepage prominently stated, "This website is NOT affiliated with Jerry Falwell or his ministry"; advised, "If you would like to visit Rev. Falwell's website, you may click here"; and provided a hyperlink to Reverend Falwell's website. Lamparello never sold goods or services on his website. Lamparello's domain name and website at www.fallwell.com received only 200 hits per day and had no measurable impact on the quantity of visits to Reverend Falwell's website. Should Reverend Falwell recover under his trademark infringement claim? Explain.