Trademark Law

Pagewaxing is a type of censoring that leads to a website being shut down by suspending a particular domain name.  The most recent matter raising pagewaxing concerns involves Go Daddy shutting down a website that lets people criticize individual police officers.  Go Daddy?s explanation is that the website was using too much bandwidth.  The registrant of the domain name and owner of the website disagrees and believes he is being censored after police officers complained of his site?s content.

Illegal activity is one thing, but suppressing the First Amendment rights of free speech is another.  If your domain name has been suspended, you may have had your rights violated.  One of the issues is whether there is guidance or a method by which registrars, at the urging of third parties, suspend a domain name and take down a website.  A recent CNet article captures what Go Daddy?s position is regarding the suspension of a domain name:

?Go Daddy takes action to suspend a domain name in cases where the domain name is being used for, or in association with, illegal activities. Our most common instances involve phishing sites, child pornography Web sites, terrorist sites, and the like," Go Daddy General Counsel Christine Jones said.  "As an established partner with the National Center for Missing and Exploited Children, we also take action based on sites that pose a significant threat to or exploitation of children--as was the case in this instance."

Was this activity illegal?  If your domain name is suspended, was it to suppress illegal activity at your website or were you the victim of pagewaxing?  An experienced domain name attorney should be able to answer these questions.  Moreover, if you are contemplating using a domain name for a particular purpose, a domain name lawyer can advise you as to your potential risks and liabilities.