The U.S. Supreme Court has declined to hear a case brought by Evangelist Jerry Falwell. Falwell was trying to stop a gay man from using a popular misspelling of Falwell's name as the domain name for a Web site that has a very different view than Falwell on gay rights.
Last year, the 4th U.S. Circuit of Appeals ruled that Christopher Lamparello was free to operate a Web site at www.fallwell.com, explaining that Lamparello was 'clearly created his Web site intending only to provide a forum to criticize ideas, not to steal customers.' In fact, the court ruled Lamparello, 36, was not even trying to make a profit.
Falwell's official site is www.falwell.com. The founder of the Moral Majority argued that the use of a common misspelling of his name constituted trademark infringement.
Lamparello's Web site is not selling anything and offers no photos. There is a disclaimer at the top of the home page of his site that reads, 'This Web site is NOT affiliated with Rev. Dr. Jerry Falwell or his ministry.' The site then disputes Falwell's contention that gay people are sinners who can change.
