Free speech beats right to name

A man could disparage a hair-restoration company on a website using the company's name without violating copyright law, an appeals court ruled on Monday.

Bosley Medical Institute in Seattle sued former client Michael Kremer after he created a website in 2000 in a "bald-faced effort to get even" with the company, the Ninth US Circuit Court of Appeals said.

Mr Kremer, who had been unhappy with the outcome of his hair restoration, used the company's name in the website address, www.bosleymedical.com. The company claimed his use of the name was trademark infringement.

But the appeals court disagreed, saying the website was not created to make a profit or to confuse Bosley's customers and potential clients. There were no links on the site to other hair-restoration providers, the court noted.

Mr Kremer's attorney, Paul Levy, said the decision "is an important victory for free speech on the internet. It makes clear that consumers can use a trade name for a company they want to criticise."

The appeals court, however, reinstated part of the lawsuit in which Bosley alleged that Mr Kremer was violating a cybersquatting law by allegedly attempting to sell the site to Bosley in exchange for removing the disparaging material.

Bosley's attorneys did not return phone calls seeking comment.