Lowe's v. Harkleroad

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event.

Summary

Threat Type: 

Correspondence

Date: 

09/19/2007

Status: 

Concluded

Location: 

Georgia

Disposition: 

Settled (total)

Verdict or Settlement Amount: 

N/A
Allen Harkleroad was dissatisfied with the installation of a fence he purchased from Lowe's. When Lowe's refused to provide further assistance, Harkleroad launched a "gripe" site, Lowes-sucks.com. On the site, Harkleroad posted photos and text detailing his complaints about the... read full description
Parties

Party Issuing Legal Threat: 

LF, LLC (affiliated with Lowe's)

Party Receiving Legal Threat: 

Allen Harkleroad

Type of Party: 

Large Organization

Type of Party: 

Individual

Location of Party: 

  • Delaware

Location of Party: 

  • Georgia
Description

Allen Harkleroad was dissatisfied with the installation of a fence he purchased from Lowe's. When Lowe's refused to provide further assistance, Harkleroad launched a "gripe" site, Lowes-sucks.com. On the site, Harkleroad posted photos and text detailing his complaints about the installation, deploring Lowe's workmanship and customer service, and describing the actions of Lowe's attorneys and debt collectors.

On September 19, 2007, LF, LLC, a company that owns and manages Lowe's trademarks, sent a cease-and-desist letter to Harkleroad. The letter asserted that Harkleroad's use and alteration of Lowe's trademarks on his site, as well as in the domain name itself, constituted trademark infringement under federal law. The letter warned that LF would "consider other legal remedies" if Harkleroad did not respond by Sept. 28, 2007.

The Electronic Frontier Foundation is representing Harkleroad in the dispute. A September 24, 2007 update on Lowes-sucks.com indicated that Harkleroad's attorneys had been in contact with Lowe's attorneys about a settlement. Ars Technica reported on September 26, 2007 that Harkleroad made a settlement "counter-offer," to which Lowe's had not yet responded.

The Lowes-sucks.com website is no longer operational, leading us to believe that the parties settled.

Details

Content Type: 

  • Photo
  • Text

Publication Medium: 

Website

Subject Area: 

  • Trademark
Court Information & Documents

Jurisdiction: 

  • Georgia

Source of Law: 

  • United States
CMLP Information (Private)

CMLP Notes: 

Check Lowes-sucks.com for updates {last checked MS 10/10/2007}