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U.S. Court Upholds Mans Criticisms of Wal Mart
A U.S. District Court has recently upheld a man’s right to criticize Wal-Mart, the U.S.-based discount department store company, through the use of the websites, www.walocaust.com and www.walqaeda.com, as well as parody-related merchandise. In 2005, Charles Smith began selling t-shirts bearing satirical statements about Wal-Mart through CafePress, an online retailer of user-customized products. At the request of Wal-Mart, CafePress removed such merchandise from its online store. In response, Smith sued Wal-Mart seeking a ruling that would allow him to continue marketing his merchandise. Wal-Mart countersued Smith, alleging trademark infringement, arguing that the logos used on Smith’s merchandise tarnished Wal-Mart’s trademarks and reputation. Wal-Mart also challenged Smith’s use of the domain names. In deciding for Smith, the judge observed that Smith’s websites effectively disassociated themselves from Wal-Mart stores through the use of disclaimers and links to the real Wal-Mart website. The judge further noted that the terms “Walocaust” and “Wal-Quaeda” were unlikely to be confused with Wal-Mart’s trademarks since they were merely successful parodies of the widely recognized marks. Wal-Mart is considering its appeal options.
For additional information, visit:
http://www.ajc.com/business/content/metro/atlanta/stories/2008/03/25/walmart_0326.html