A New Jersey man who was left legally blind after supposedly botched lasik eye surgery decided to criticize his surgeons online to inform others of his dissatisfying experience. He ran into more trouble than he anticipated, though, after sticking the surgeons’ names in the domain name.
The surgeons, Herbert Nevyas and Anita Nevyas-Wallace, who have offices in Pennsylvania and New Jersey, sued the patient for trademark violation. Public Citizen attorney Paul Alan Levy, who is representing the patient in the U.S. District Court for the District of New Jersey, says that argument doesn’t fly.
“The domain names in question do not violate the Nevyases’ rights under trademark laws, and their efforts to obtain the names constitute reverse domain name hijacking,” he said. “The Nevyases’ attempts to close the website stifle [the patient’s] free speech rights.”