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Hello, We currently run a billing business and have our

Customer Question
Hello, We currently run a billing...
Hello,

We currently run a billing business and have our own domain. There is another domain that was bought recently that has our companys name followed by "sucks." I know due to free speech, individuals are allowed to own such domains. However, when you type in the domain and click enter it is directed to a porn site. We have an idea on who did this. I know putting "sucks" in their domain would naturally not give us options to have it removed, but if the domain is bought don't they have to use it, and use it in a way that is consistent with the law? not directing it to a porn site?

I may be wrong, but I just wanted to get some advice.

Thanks in advance,
Submitted: 6 years ago.Category: Business Law
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12/2/2011
Business Lawyer: Law Educator, Esq., Attorney replied 6 years ago
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 120,990
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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Actually, the law does not say that they have to use it in any manner in particular. You hit the nail on the head about the first amendment protection for these "xsucks.com" addresses and the owner of them can do what they choose other than post known false information about your company. As long as they are not posting known false information about your company, then they are not violating the laws of defamation. You could however, in this type of instance, argue that the reference to a porn site is defamatory per se and they are not making commentary on your services, but it may be a stretch of an argument and it would cost you in litigation fees.


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