I can imagine that being true. Then, I wonder back to the origin of this question: starbucksunion.org. Do you think the organizers of this union for Starbucks that registered and utilized the domain were breaking any law in doing so and can be held liable by Starbucks for using their brand name in light of Freedom of Speech?
I am not sure that would be illegal, unless they were using Starbucks' tradename to profit in some way. Then, naturally, there would exist grounds for liable claims. While I am in no way any type of corporate branding expert or trademark attorney, I wonder if that is truly a cause for litigation or attorney fees.
Think of it this way-Does Kellogg's Inc, not have the same wherewithal, financial ability (certainly), intelligence planning, etc. to purchase up these types of domains to prevent such happenings? I realize it is a ludicrous proposition for them to go purchasing every combination on the web with their brand name. However, I would think they would be intelligent and proactive enough to buy any combination of tld names with Kellogg, Kelloggs, Union, & Unions.
That would only cost them under $100 and be a reasonable business expense. If they choose NOT to do this, then who are they to complain if a reasonable person wants them because maybe their last name is Kellogg?
I do not see the liable portion of this that would truly stand up in court. However, I do see that it could be as well. Again, I think moreover it is an ethical question surrounded by intent. If intent is absent, then I don't think someone can be liable. Would you agree?