Planned Parenthood Federation v. Buccia. Facts: D registered PP.com in his own name and said "welcome to planned parenthood" on the front of the website. He then had the cover of an anti-abortion book and info about anti-abortion websites below. He was trying to get pro-choicers to see his site
b. Rule: trademark infringement law does not curtail or prohibit the exercise of the 1st amendment right to free speech
c. Reason: P has not sought to restrain D from speech that criticizes PP or its mission, or that discuses D's beliefs regarding reproduction, family & religion
i. The title is being used to attract some consumers by misleading them as to the website's source or content. D intended his website to cause pro-abortion users to access his site
ii. D’s use of P’s mark is not protected as a title.
d. Held: D identifies the site and homepage as being the product or forum of P. Because D's use of the term is not part of a communicative message, his infringement is not protected.
i. He uses it as source identification, not a communicative message.
ii. D is enjoined from using the domain name and from identifying his website on the internet under the name www.plannedparenthood.com.
b. Rule: trademark infringement law does not curtail or prohibit the exercise of the 1st amendment right to free speech
c. Reason: P has not sought to restrain D from speech that criticizes PP or its mission, or that discuses D's beliefs regarding reproduction, family & religion
i. The title is being used to attract some consumers by misleading them as to the website's source or content. D intended his website to cause pro-abortion users to access his site
ii. D’s use of P’s mark is not protected as a title.
d. Held: D identifies the site and homepage as being the product or forum of P. Because D's use of the term is not part of a communicative message, his infringement is not protected.
i. He uses it as source identification, not a communicative message.
ii. D is enjoined from using the domain name and from identifying his website on the internet under the name www.plannedparenthood.com.