Court Once Again Dismisses A Bev Stayart Lawsuit
from the use-in-commerce dept
Her initial lawsuit was against Yahoo, which the court quickly dismissed. Not getting the message that this claim was a non-starter, she sued again. Eric Goldman, who has been tracking this story from the beginning, lets us know that the appeals court has upheld the lower court ruling tossing out the lawsuit. They point out that her claims of having a trademark on her name that was violated don't hold much water, in large part because trademark covers commercial use, and her name wasn't being used commercially. Her argument, that her charitable work means that her name is used in commerce, didn't fly with the court:
"While Stayart's goals may be passionate and well-intentioned, they are not commercial. And the good name that a person garners in such altruistic feats is not what § 43 of the Lanham Act protects."As Goldman notes, one would hope this is the end of her lawsuits, but she's shown no sign of giving up yet. I'll repeat Goldman's "unsolicited advice" from a few months ago:
Some unsolicited advice for Bev Stayart: stop suing search engines, and stop running vanity searches on the search engines. Life is too short to fret about sploggers!