The gist of the story is that Katie Tarbox became a victim of an online sexual predator when she was 13. She wrote a book about it in 2000 and Penguin Putnam made the title of the book 'Katie.Com', which unfortunately was a domain name owned by Katie Jones since 1996.
Now Tarbox's lawyer is demanding that Jones turn over the domain name. Penguin refuses to apologize, saying that it would be a violation of their free speech to re-title the book and that Jones never trademarked katie.com, so they can do what they want with the words.
Ok, so some person has a website in 1996.
In 2000, some publishing company titles a book using that domain name.
The publishing company won't retitle the book because it would violate their right to free speech, since the domain name is trademarked.
So the owner of the domain name is supposed to give up the domain name?
I understand not retitling the book because it isn't actually a trademarked term, but how does that give the person from the book the right to take the domain name? Personally, I think the owner of katie.com might be able to sue over the name of the book, even though it isn't trademarked. More along the lines of libel. Not the fact that they used "katie.com", but that they confused the two together.
I think I'm going to go write a book about hiding from Nazis called "The Safehouse". After that, I'm going to call my lawyer...
P.S. I like the idea of selling the domain to a porn site as revenge, though a judge would probably be more likely to take the name from the porn site than from some random person using it as a personal site.