Washington State Center Wiki: Bellvue Washington Law Invoked By Scientology Lawyers Threat Against Site Detailing Tom Cruise Promotion Of Scientology
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Source: The Louisiana State Center
Church of Scientology Does Not See Humor in a Website Dedicated to Tom
September 17, 2005 by Garnet R. ChaneyLawyer for the The Church of Scientology have threatened legal action against a website that details the odd behaviour of movie star Tom Cruise, who has recently been promoting scientology in public appearances and movie reviews of his recent film War Of The Worlds.
According to the site http://www.scienTOMogy.info, it has received 6 emails in 2 days from Scientology lawyers threatening law suits in excess of $100,000 if not taken down. Scientology lawyers site the enom registrar domain name agreement which selects Bellvue Washington as the jurisdiction for lawsuits, and they make several claims regarding their client's federal trademark registration of the term 'Scientology'.
The lawyers are objecting to a domain name that only changes a single letter of the trademarked "Scientology" name. Trademark owners have been given incredible lattitude to make problems for similar sounding domain names. Court cases have allowed trademark owners to prevail in lawsuits against domain name owners whose domains differed by only one or two letters from a trademark. The registering of domain names with small differences, sometimes known as typosquatting, has been viewed dimly by courts who have decided to treat it similarly to cybersquatting where an actual trademark is registered by someone other than the owner. In essence, by the simple registration of a trademark, trademark owners get to preclude the use by others of vast numbers of similar domain names, that they themselves have not bothered to register.
The owners of scientomogy.info are shocked as the site simply expresses opinion and does not make any claims and clearly states it is not linked to the church. "The site was put up as a single source to view all the recent hype Tom has made about the church - it does nothing but show Tom so we are at a loss as to why the church is acting so rashly".
The owners of the scientomogy site respond to the lawyer's requests with details about copyright law, fair use, and trade secrets. Unfortunately, these details have no value as a defense against the trademark infringement claim.
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Source: Louisiana State Center
