Do gripe sites violate federal trademark laws?
The answer depends on several factors, including whether the gripe site is engaged in commercial use of the target’s trademarked business name, or whether the gripe site owner has a bad-faith intent to profit from his or her site. Businesses targeted by gripe sits have sued under both the Federal Trademark Dilution Act of 1996 and the Anti-Cybersquatting Law of 1998. If the gripe site is consumer commentary of a noncommercial nature, it is less likely to be violation of these federal laws, particularly the Federal Trademark Dilution Act. Many commentators believe that gripe sites that do not engage in commerce are protected under the First Amendment. Some recent court decisions have upheld this viewpoint. For example, in Taubman Co. v. Webfeats, the 6th U.S.
