Boston developer sucked up in Web dispute
February 15th, 2008, 12:14 pm · Post a Comment · posted by Ed Taylor
A Massachusetts woman who created the Web page “PaulMcMannSucks.com” has the right to use the name of the Boston-area builder in the URL of her Internet “gripe” site, an international arbitrator has decided.
An arbitrator with the WIPO Arbitration and Mediation Center found that the anonymous woman’s First Amendment rights protect her use of the Internet domain names “PaulMcMannSucks.com” and “PaulMcMann.com.”
The WIPO center, which is based in Geneva, Switzerland, was set up to mediate disputes over Internet domain names.
The arbitrator cited two previous court rulings that were decided against Paul McMann, a commercial builder in the Boston area. A third suit filed by McMann is pending.
Public Citizen, which represented the woman at the WIPO, argued that her non-commercial use of McMann’s name was not an attempt to commandeer his customers and therefore was protected speech.
The case has Arizona connections. The domain name was registered by Scottsdale-based GoDaddy.com and McMann filed a suit in Maricopa County Superior Court to force GoDaddy to reveal the identity of his Web site tormentor. A Superior Court judge denied that request in January.
