THE FREECYCLE NETWORK, INC. v. OEY
The Ninth Circuit Court of Appeals today released an opinion in THE FREECYCLE NETWORK, INC. v. OEY, No. 06-16219, a federal appeal. The panel consisted of Diarmuid F. O’Scannlain, Michael Daly Hawkins, and Kim McLane Wardlaw, Circuit Judges.
HAWKINS, Circuit Judge:
Tim Oey (”Oey”) appeals a preliminary injunction preventing him “from making any comments that could be construed as to disparage upon [The Freecycle Network]’s possible trademark and logo” and requiring that he “remove all postings from the [I]nternet and any other public forums that he has previously made that disparage [The Freecycle Network]’s possible trademark and logo.” The Freecycle Network, Inc. v. Oey, No. CV 06-173, Order at 5 (May 11, 2006) (emphasis added). We have jurisdiction under 28 U.S.C. ยง 1291 and, for the following reasons, vacate the injunction and remand. I. The Freecycle Network (”TFN”) is a nonprofit Arizona corporation “dedicated to encouraging and coordinating the reusing, recycling, and gifting of goods.” Through its website, http://www.freecycle.org, TFN coordinates the efforts of over 3,700 Freecycle groups worldwide. Via the local groups’ webpages, individuals can post goods they no longer want. If another member wants the item offered, an exchange is arranged between the parties and the item thus avoids the landfill. . . .