Lowe's v. Harkleroad [1] SummaryThreat Type: CorrespondenceDate: 09/19/2007Status: ConcludedDisposition: Settled (total)Location: Georgia Verdict or Settlement Amount: N/ALegal Claims: Trademark Infringement 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 PartiesParty Issuing Legal Threat: LF, LLC (affiliated with Lowe's)Party Receiving Legal Threat: Allen HarkleroadType of Party: Large OrganizationType of Party: IndividualLocation of Party: DelawareLocation of Party: GeorgiaLegal Counsel: Rebecca E. Green ("Trademark Manager", LF, LLC) 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 [2] 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. Related Links: Cease-and-Desist Letter from LF, LLC, reprinted at Lowes-sucks.com [3] (scroll down to Sept. 20 Update) Ars Technica: Intellectual property laws abused in quest to shutdown Lowes-Sucks.com [2] DetailsWeb Site(s) Involved: Lowes-sucks.com [3] (defunct) [3] Content Type: PhotoTextPublication Medium: WebsiteSubject Area: Trademark Court Information & DocumentsJurisdiction: GeorgiaSource of Law: United States CMLP Information (Private)CMLP Notes: Check Lowes-sucks.com for updates {last checked MS 10/10/2007}