Legal Question in Technology Law in Tennessee

use of political candidate in domain name

What recourse would an elected official have if some uses their name in a website? For example www.johnadams.com and then uses the website to attack the candidate? This has happened during an election year concerning a county office in Tennessee. Can they use the candidates name and likeness as a link from their webpage without permission?


Asked on 2/24/06, 3:29 pm

1 Answer from Attorneys

David Anderson Anderson Business Law LLC

Re: use of political candidate in domain name

Will you be using it? Have you sought permission, or is it an attack site?

You are permitted under the 1st Amendment to refer to the person, but using the name within the website might be an unlawful "appropriation", raising IP issues.

WIll you be charging anyone or obtaining comp from ads for this site?

Call or e-mail for further assistance.

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Answered on 2/25/06, 8:11 am


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