Bad corporate citizens beware. A website that promises to put a spotlight on companies with poor practices is scheduled to launch in September. A Ralph Nader Plan that 'Sucks' Sucks sites have proven more than a place to vent. Adbusters Magazine is deciding what to do with cokespotlight.org now that the Coca-Cola Company has pledged to make its coke machines friendlier to the environment.
Legal experts caution, however, that defeats in the form of costly lawsuits are also possible.
Although U.S. law affords ample room for criticism of companies on the Internet, free speech rights have limitations. If a sucks site uses a company's trademark for noncommercial criticism purposes, it doesn't run afoul of trademark law so long as consumers are not confused or tricked into believing that the site is sponsored by or affiliated with the company, said Robin Gross, a staff attorney with the Electronic Frontier Foundation . You're not violating the trademark because there is no consumer confusion if the consumer is well aware that it's a criticism site. Putting up a little disclaimer is not going to do it. The concept of fair use allows the public to make limited uses of otherwise copyrighted works.