Thursday, October 04, 2007

Don't use trademark in your criticism

If I'm reading this right ie. The Freecycle Network v Oey, someone got sued for trademark infringement for criticising someone trying to trademark the word "freecycle" and due to the fact that they used the word "freecycle" in their criticism. There was even a preliminary injunction preventing the critic from using the word freecycle but seems common sense eventually prevailed:

"Tim Oey (“Oey”) appeals a preliminary injunction preventing
him “from making any comments that could be construed
as to disparage upon [The Freecycle Network]’s possible
trademark and logo” and requiring that he “remove all postings
from the [I]nternet and any other public forums that he
has previously made that disparage [The Freecycle Network]’
s possible trademark and logo.”1 The Freecycle Network,
Inc. v. Oey, No. CV 06-173, Order at 5 (May 11, 2006)
(emphasis added). We have jurisdiction under 28 U.S.C.
§ 1291 and, for the following reasons, vacate the injunction
and remand."

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