Dobe R Mann <dobe_r_mann@nospamsorclamshotmail.com>
Site No Longer Bugs Terminix
To say Carla Virga has been bugging pest control giant Terminix is
both a bad pun and an understatement.
For two-plus years, Virga, a California secretary, has maintained a
Web site bashing Terminix for bad service. Type in Terminix on any
search engine and Virga's scathing site will pop up right there with
the official company Web pages. The site has logged thousands of
visitors.
Terminix has tried to exterminate Virga's site twice -- first with a
defamation lawsuit that was quickly dismissed, then with a suit
claiming Virga's use of the word "Terminix" and others in her Web
sites' "metatags" constituted trademark infringement. (Metatags are
identifying words hidden within Web pages that help search engines to
find relevant sites.)
Free speech advocates decried both suits as blatant attempts to stifle
First Amendment rights, and Ralph Nader's group Public Citizen rushed
to Virga's defense.
Terminix's parent company, Memphis, Tennessee-based ServiceMaster,
this week quietly dropped the metatag suit. Company officials were not
available for comment.
Virga's attorney hailed Terminix's decision to back off as a victory
for consumers and the Constitution.
"This tells other consumers with Web sites that they shouldn't roll
over and play dead if a corporation comes after them," said Paul Alan
Levy, a lawyer for Public Citizen.
"It also sends a message to other companies that the way to respond to
criticism is by answering it, not suing to stop it."
Free speech advocates had feared the metatag suit, filed last October,
could set a terrible precedent if it prevailed.
But Public Citizen pointed out gaping holes in Terminix's argument.
In a trademark case the plaintiff has to prove that the defendant's
use of the trademark is confusing consumers. "How could Virga's
metatags be confusing anyone when they're not visible?" asked Public
Citizen lawyers in a brief filed on Virga's behalf last month.
Terminix's response: The tags confuse the search engine, which is
acting as the consumer's proxy.
"That's not a totally frivolous argument, except that the Terminix
metatags direct consumers to a site that's about Terminix," Levy said.
"Moreover, Virga's site is a non-commercial Web site, so trademark
issues don't apply."
While Terminix has dropped its suit, there may yet be litigation
between the bug killer and Virga.
"I'd be on the lookout for a suit in California charging Terminix with
abuse of process and malicious prosecution," Levy said. "I imagine
there are plenty of lawyers in California who would find this a very
interesting case."
Dobe R Mann
"Look netizens! Another person just read
INCIDENT 4
LOUD SNAP (Bones breaking)
Return to The Skeptic Tank's main Index page.
Meta-tags lawsuit (Individual -1 Corporations -0) Terminix
Tue, 14 Mar 2000 22:56:11 GMT
by Craig Bicknell
SP4 Tone 1.95
_____________________________________________
about the Co$, Xenu, Elron and the rest of
the rot." "Watch now! .... look!
... oooohhh there they go folks!
Another ARSCC(wdne) member."
Read www.xenu.net
See www.xenutv.com
_____________________________________________
CHEVROLETS COME OUT
BURN RUBBER
FISHTAIL RIGHT
DO U-TURN
STALL
FLAT TIRE (No motion)
BLOWS HORN
BLOWS MISCAVIGE
CRASH
The views and opinions stated within this web page are those of the
author or authors which wrote them and may not reflect the views and
opinions of the ISP or account user which hosts the web page. The
opinions may or may not be those of the Chairman of The Skeptic Tank.