Fight for the Future is an advocacy organization focusing on free speech and consumer rights issues related to intellectual property and technology. The organization is opposed to Senate Bill S.978, introduced in May 2011, which alters the criminal penalties for copyright infringement and extends criminal liability for public performances of works in certain circumstances.

Fight for the Future believes that extending liability for public performances of copyrighted works would extend criminal liability to many amateur musicians, who frequently post unauthorized "covers" of works on websites such as YouTube. Noting that musician and teen celebrity Justin Bieber gained his initial fame from unauthorized covers of R&B songs on YouTube, the organization created a website called FreeBieber.org. The website contains several depictions of Bieber in prison uniform and behind bars, suggesting that he could be arrested if S.978 becomes law. The website encourages visitors to write to Congress opposing the bill, and to create videos expressing their opposition using a superimposed overlay of prison bars and a digital wig in the shape of Bieber's iconic haircut, provided by the website.

On October 25, 2011, counsel for Justin Bieber sent a cease-and-desist letter to FreeBieber.org, claiming that the website infringed Bieber's trademark rights by falsely suggesting his endorsement of Fight for the Future's campaign, and violated his rights of privacy and publicity.

Fight for the Future's attorney responded, claiming that any use of Bieber's name or image was nominative fair use under trademark law and protected by the First Amendment. The attorney also rejected claims of privacy and publicity, noting that Bieber is an extremely public figure and any claim under right of publicity would be trumped by the First  Amendment.

As of October 31, 2011, the website is still active.  S.978 has been reported out of committee and has been placed on the legislative calendar.

On July 1, 2010, Drs. Herbert Nevyas and Dr. Anita Nevyas-Wallace, two Pennsylvania LASIK surgeons, filed requests for arbitration under the Uniform Domain-Name Dispute-Resolution Policy ("UDRP") with the National Arbitration Forum ("NAF"), seeking the transfer of the domain names NevyasLasik.com, HerbertNevyasLasik.com, and AnitaNevyasLasik.com.

According to the Complaint, the websites located at the domain names at issue in the proceeding contain "disparaging and false remarks about Complainants" and falsely imply "that they are owned by Complainants, not that they are owned by an individual criticizing Complainants." (Complaint ¶¶5[a]-[b].)

On August 26, 2010, the National Arbitration Forum decided in favor of Drs. Nevyas and Nevyas-Wallace, finding that Morgan's use of the domains was confusingly similar to the Complainants' trademarks, the Respondent had no legitimate interests in the domains, and the domains were used in bad faith.  The NAF ordered the domains transferred to the Complainants.

In response to the NAF's finding, Morgan filed a complaint against Drs. Nevyas and Nevyas-Wallace, seeking declaratory action stating that as a result of the NAF decision, the doctors were in violation of the reverse domain name hijacking provisions of the Anticybersquatting Consumer Protection Act.  See Morgan v. Nevyas.

The parties have previously been involved in federal and state court litigation over allegedly defamatory statements made by Morgan about Drs. Nevyas and Nevyas-Wallace.

Related case in state court: Nevyas v. Morgan (state lawsuit)

Related case in federal court: Nevyas v. Morgan II (federal lawsuit). 

On May 10, 2010, Dr. Mazin K. Yaldo filed a lawsuit in federal district court against an unnamed Doe defendant, asserting claims for false light ant federal and state trademark infringement and unfair competition.  The claims were based on a Google AdWords campaign that used Plaintiff's trademark YALDO EYE CENTER to trigger an ad with the headline "Yaldo Eye Center Bankrupt" and the text "What you should know before considering yaldo" next to the URL "www.crainsdetroit.com" (a website that reports on local businesses in the Detroit area).  The link redirects to an article on the Crain's Detroit Business website titled "Eye surgery centers declare bankruptcy," which reported that "[f]ive companies headed by ophthalmologist and eye surgeon Dr. Mazin Yaldo have filed for Chapter 11 bankruptcy protection." 

According to the Complaint, Defendant purchased the keywords "Yaldo Eye Center," "Dr. Mazin Yaldo," "Dr. Yaldo," and "Mazin Yaldo" through the Google AdWords program.  The Complaint alleges that "Defendant's advertising is deliberately designed to cause consumers to believe that the advertisement was sponsored by Crain's Detroit Business and that the apparent warning is coming from a credible news source rather than Defendant," and that Defendant's acts were done "with the intent of urging consumers to reconsider their choice of vision correction services."  (Complaint ¶¶ 22-23)  Plaintiff further asserts that the advertisements are misleading, because they "deceiv[e] consumers. . . into believing that Crain's Detroit Business is offering a warning about the quality of services offered by Dr. Mazin Yaldo and or the Yaldo Eye Center." (Complaint ¶ 40)

According to the Complaint, Plaintiff complained to Google about the use of the YALDO EYE CENTER mark in the Google AdWords result, and Defendant subsequently modified the language of the advertisement to read "Yaldo LASIK Bankrupt," and "What You Should Know Before Considering Yaldo LASIK." (Complaint ¶¶ 29-31) 

On March 4, 2010, a lawyer representing Williams-Sonoma, Inc. sent a demand letter to Ana White, a rural Alaskan housewife and publisher of Knock Off Wood, a blog that teaches readers how to build designer-looking furniture at home.  The letter claimed that White's blog infringed and diluted Williams-Sonoma's Pottery Barn trademarks by referring to Pottery Barn products names in the course of explaining how to make similar looking products. The letter also claimed that White infringed Williams-Sonoma's copyrights in catalog photographs by displaying them on the blog. 

White took the letter in good spirits: 

This is perhaps the biggest compliment that I have ever received!  A gigantic corporation  is THREATENED by a housewife that lives 100 miles from a stoplight, 1000s of miles from a Pottery Barn store, most of the time in her bathrobe (right now included), who writes a simple blog that makes NO money.

And you should really pat yourself on the back, too!  You building furniture has made this gigantic corporation take note and hand write a letter! (source)

White decided to take down the photographs and product name references, presumably ending the matter. 

On August 6, 2009, the Office of General Counsel at UCLA sent Tom Wilde a cease and desist letter alleging that his website, Weeding 101 at UCLA, infringed and diluted the University's registered trademark in the letters "UCLA" and that use of the UCLA name constituted "a criminal offense under California Education Code, section 92000." The letter demanded thatWilde cancel the domain name registrations for ucla-weeding101.com and ucla-weeding101.info and take down the websites located at these domains on or before August 17, 2009.  At issue was a website that Wilde launched in July 2009 that contained information about Wilde's expulsion in 1996 from UCLA's Graduate School of Education & Information Studies and critiqued UCLA's student termination policies.   

On August 14, 2009 the Foundation for Individual Rights in Education (FIRE) intervened by writing a response to UCLA on behalf of Wilde, objecting to UCLA's demands on First Amendment grounds. On August 20, 2009 UCLA withdrew its demands.  

In October 2009, the American Federation of Teachers (AFT) sent a cease-and-desist letter to the publisher of AFTexposed.com, claiming that the website's domain name violated the AFT's trademark rights and the Uniform Domain Name Dispute Resolution Policy (UDRP). The letter demanded the "immediate cessation of use of the domain AFTexposed.com or any other variant that includes the acronym AFT."

AFTexposed is a noncommercial website publishing political commentary about the AFT. It describes itself as a "website exposing the agenda, finances, and tactics of the American Federation of Teachers."

Shortly after the cease-and-desist letter was sent, the press secretary of the AFT contacted AFTexposed, stating that "AFT is deeply committed to free speech and would never attempt to stifle free expression," according to a blog post on AFTexposed. The press secretary also suggested AFT's only concern was that website's logo bore a strong resemblance to AFT's.  According to AFTexposed, the site's logo has been altered to make sure it would not be mistaken for the AFT logo.  The website also added a disclaimer near the top of its homepage notifying readers: "As a result of a threatened lawsuit by the AFT, let us be patently clear: the American Federation of Teachers does not like this site." 

On January 6, 2010, Peabody Energy Corporation sent a demand letter to Brian DeSmit, an environmental activist who operates a website at http://cleancoalwustl.org/.

Peabody is part of the Consortium for Clean Coal Utilization (CCCU) with Washington University, which funds research efforts to advance "clean coal" technologies. DeSmet created a spoof website to parody CCCU's official website.  DeSmet's website uses a color scheme and layout marginally similar to the official site, and his text characterizes the consortium's "vision," "mission," and "goals" in an unflattering light, suggesting that it is "a public relations tool for industry" that is deceiving the American public about the purported benefits of clean coal.

Peabody's letter complained about the spoof site using the PEABODY trademark and logo, as well as CCCU's logo, to allegedly mislead the public into believing that various statements on the website were made by Peabody and CCCU. It also claimed that the site "is rife with false statements, false innuendo, and defames Peabody and its officers and employees . . . mentioned by name in the Site."  Peabody demanded that DeSmet "immediately, completely, and permanently disable" the website and refrain from posting it in the future. 

In response, DeSmet voluntarily removed Peabody's logo, placed a "censored" box over CCCU's logo, and added a disclaimer: "This website is not endorsed by or connected with Washington University and the 'Clean Coal' Consortium."  Peabody continued to object to the look and feel of the site, however.  Assisted by EFF, DeSmet send a response letter to Peabody, disputing its legal claims and declining to make any further changes.