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Holtz Communications + Technology

Shel Holtz
Communicating at the Intersection of Business and Technology
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Power to the consumer

Businesses, take note. The voice of the customer has gotten a little louder.

Michael Kremer was one unhappy customer. He went to Bosley Medical Institute in Seattle for hair restoration and, while pictures aren’t available, he couldn’t have been too pleased with the result. Shortly afterward, he opened a Web site at http://www.bosleymedical.com which he used to alert the public to the company’s alleged misconduct and legal problems.

Libel? Misappropriation of the company’s trademark in a URL (or, at least, cybersquatting)? Not according an appeals court, which ruled that Kremer can hammer on the company on the Web, using the company’s name on the site and in the URL, all he likes.

Bosley Medical Institute filed suit against Kremer in 2000 after the site went live, claiming the online presence was nothing more than a “bald-faced effort to get even.” The court, however, said the site doesn’t try to make a profit or confuse potential clients, thus there’s no trademark violation.

Remember the days when a company could come after you for using their name in the URL? Wal*Mart had some success getting critics to give up URLs containing the company’s name. The tide would appear to be turning toward the customer, if the decision by the 9th US Circuit Court of Appeals is any indication.

The Washington Post has the story.

04/04/05 | 0 Comments | Power to the consumer

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