CafePress T-Shirt Seller Wins Right to Sell Anti-Wal Mart Tees

[mandy]

When Charles Smith started selling t-shirts at CafePress.com likening Wal-Mart Stores Inc. to the Nazis and Al-Qaeda, Wal-Mart threatened to sue both CafePress and Smith, leading CafePress to remove the items from its site two years ago. Smith sued, and last week won his case in federal court in Georgia, prompting CafePress to put his items back on sale.

In his ruling, U.S. District Court Judge Timothy C. Batten rejected Wal-Mart’s claim that Smith infringed on its trademarks with his WAL*OCAUST and WAL*QAEDA designs for t-shirts and bumper stickers, and by selling items with those designs through CafePress using the domain names walocaust.com and walqaeda.com.

“This is a big win for gripers,” says Eric Goldman, an assistant professor at the Santa Clara University School of Law and director of the High Tech Law Institute,...

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