Legal Question in Intellectual Property in North Carolina

Can They Make Me Change My Domain Name?

My son attends college and was recently elected Freshman class president. He is a web designer and made a web site called party____.com The blank line is the four letter abbreviation for the college ex: UCLA. The site is a bulletin board for students to find out about events, post pictures, discuss college life, meet other people, etc.

Today he was called into the dean of students office and told to close down the website. He has a disclaimer on the site that says it is not affliated with the college and he is not using the college logo, mascot, or any other identifying feature except the four letter initals of the university.

He wants to keep the site which is already extremely popular. Is he within his rights? He has been given two days to get it off the internet.

Thanks--


Asked on 11/07/02, 6:11 pm

1 Answer from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: Can They Make Me Change My Domain Name?

Even with disclaimers, your son may have problems keeping the website open. He is using the school's name, to draw traffic to the site and there could be a likelihood of confusion. He may have a first amendment right to make commentary about the school. But when they sue him, who is going to pay the legal fees to defend his right? If you are willing to pay legal fees to litigate this in federal court, there is always a chance you may prevail on first amendment grounds. But it may be costly.

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Answered on 11/07/02, 6:34 pm


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