Using a Company's Trademark in a URL Criticizing the Business

[Rebelman]

My question involves defamation in the state of: NJ

I hired a professional to do some work for me. This professional had me sign a contract stating what he would do. He did not do it. He works out of PA. It seems he pretty much never does as a matter of fact. His state board has been investigating him and if you were to Google his name, you would find 100s of complaints and he seems to be a regular on scambook and ripoff. com. In my opionio he needs to be stopped. He took my money ( and money from countless others) So in my writings ti him, I told him I purchased a domain site that, lets call it "the blank group complaints.com. It was my idea to get people who have been ripped off by this person to have a central place to put their complaints and hopefully communicate with each other and get some action. I stated on the site I was not an attorney and I did not work for this company.

Well on top of sending me via internet a bona fide terroristic threat that I filed a Police report with his e mail, he has threatned me with "trademark liable". I think on top of everything else this guy is full of you know what.

Any ideas?

[flyingron]

Ignore him. If he wants to bring a lawsuit, tell him to bring it on. It's easy to threaten legal action, more involved to bring it, and even harder to win.

I'm not sure what you consider a terroristic threat but given your posting history, I'd avoid making too many heat of passion complaints to the police at this point.

[Mr. Knowitall]

You would argue that the use of the mark in the URL is for purposes of noncommercial criticism, and thus is not a violation of the trademark owner's rights. Here's how ICANN viewed this type of claim, as of about ten years ago; I expect that with some diligent searching you'll find more recent analysis, although I haven't heard of any significant changes.

[flyingron]

ICANN has nothing to do with either libel or trademark issues.
Domain disputes don't follow any sane rule of law.

[Mr. Knowitall]

ICANN is the first place a sensible trademark holder goes when they want to take away a URL from somebody they allege to be violating their mark. As compared to any other recourse, it's cheap and fast enforcement.