Is Writing A Critical Review Of A Piece Of Software Trademark Infringement?
from the one-would-hope-not dept
Greg Beck writes "Public Citizen late yesterday filed a motion to dismiss a lawsuit in Florida by two affiliated infomercial companies that are attempting to shut down negative reviews of their day trading software on the website InfomercialScams.com. They are claiming that running a website where consumers can post reviews of their products constitutes trademark infringement and a variety of other wrongs, and are seeking triple damages and attorneys’ fees against the site’s owner. In its motion to dismiss, Public Citizen argues that the Arizona-based website operator is not subject to jurisdiction in Florida, that the websites are protected by the First Amendment, that posting reviews is not trademark infringement, and that the Communications Decency Act protects a website owner from liability for what users post on the site." Once again, it looks like companies are trying to misuse intellectual property laws to prevent legal free speech.