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Walmart Sucks ?

by TheBigShow
3 replies
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I was searching for something about walmart and numerous sites came up on google with domains like walmartsucks Dot com ...walmartblowsDotcom etc...... Seems like walmart would sue them or have the sites shut down.

How do the site owners skirt around trademark laws?
  • Profile picture of the author PRBandit
    I looks like another Warrior Member Found out for himself http://www.warriorforum.com/ad-netwo...fringment.html
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  • Profile picture of the author Rich Struck
    "Sucks" sites are not a violation of trademark laws.

    If a sucks site uses a company's trademark for noncommercial criticism purposes, it doesn't run afoul of trademark law so long as consumers are not confused or tricked into believing that the site is sponsored by or affiliated with the company, said Robin Gross, a staff attorney with the Electronic Frontier Foundation.

    "If you want to say that 'Gap sucks' that's your First Amendment right, and just because Gap has a registered trademark doesn't necessarily mean that they have a right to stop people from saying 'Gap sucks,'" Gross said. "You're not violating the trademark because there is no consumer confusion if the consumer is well aware that it's a criticism site."
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  • Profile picture of the author BloggingPro
    So I guess the biggest question is, if you sell advertising to cover your "bandwidth costs" as most likes like to say, does that count as a commercial use?
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