Bally Sucks does not infringe of trademark - protected speach

[James Love <love@cptech.org>]

BNA reports that the US District Court for the Central District of
California ruled on December 21, 1998 that an Internet site called Bally
Total Fitness Sucks does not infringe on Bally Total Fitness's
trademark.  The web page in question is at:

http://www.compupix.com/ballysucks


The opinion, written by Judge Dean Pregerson, looks like a strong
statement in favor of protecting free speech and the ability of
consumers to criticize company products or services.  The BNA cite for
the opinion is Bally Total Fitness Holding Corp. v. Faber, C.D. Cal., No
CV 98-1278 DDP (MANx), 12/21/98.

There were many issues in the case, such as the use of the Bally logo
(the judge found it was used in the context of consumer commentary), the
proximity of http://www.compupix.com, a site with erotic pictures of men
("If the court accepted this argument it would an impossible task to
determine dilution on the Internet" the judge wrote), and other items. 
All around a pretty good opinion (at least to this non-lawyer).   

  Jamie


-- 
James Love, Consumer Project on Technology
P.O. Box 19367, Washington, DC 20036
202.387.8030; f 202.234.5176
http://www.cptech.org, mailto:love@cptech.org