Lamparello v. Falwell

Lamparello v. Falwell, 420 F.3d 309 (4th Cir., 2005), was a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning allegations of cybersquatting and trademark infringement.

In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements by the American Christian evangelical preacher Jerry Falwell.

In 1999, Christopher Lamparello registered the domain name fallwell.com and used the affiliated website as a gripe site to express his negative opinions about the Fundamentalist Christian preacher Jerry Falwell's public statements against homosexuality.

The dissenting panelist, David E. Sorkin,[3] argued that the domain name was not used in bad faith, and that this dispute was not one to be resolved under the UDRP or by the NAF.

[5][6] Following the NAF decision, Lamparello filed an action against Falwell in federal district court, seeking declaratory judgment of non-infringement.

Lamparello appealed the District Court's order and Falwell cross-appealed the denial of statutory damages and attorney fees.

In short, the Fourth Circuit backtracked on its decision in PETA, justifying the different opinions as a distinction between parody and consumer confusion.

[15] The utilization of the bad-faith factors of the ACPA has been criticized by some scholars for leading to counterintuitive results when applied to cases that are not clear-cut cybersquatting.

Before filing suit, initiate bad faith settlement negotiations, for the purpose of obtaining a statement from the cyber squatter that he might be willing to settle.

"[9] This opinion contained direct analysis of application of the Initial Interest Confusion doctrine, but leaves questions regarding the IIC unanswered.