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Cybergriping: Ripping a Firm Online
Few things can be more annoying for a corporate client than “cybergriping,” the practice of using an Internet “complaint name” ' typically the client's trademark followed by the phrase “sucks.com” ' that is devoted to criticism of the company. The “generalmtorssucks.com” site proudly announces that it has been featured on network television news programs and visited millions of times since 1999.
The Taubman Co. v. Webfeats, 319 F.3d 770 (6th Cir. 2003), decided in February, is the first Court of Appeals decision to address cybergriping. It continues the trend of several district court opinions that have taken a tolerant approach to the practice, at least where it is not engaged in by competitors or for commercial purposes.
Henry Mishkoff, the defendant in Taubman, is a Web designer who originally set up what he called a “fan site” entitled “shopsatwillowbend.com” after the Taubman Co. announced its was building a shopping mall called “The Shops at Willow Bend” near Mishkoff's home. Mishkoff's site had information about the mall and links to Web sites of tenant stores. It also had a disclaimer, and a link to Taubman's official site,”theshopsatwillowbend.com.”
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