Forwarded from another list... Politech archive on this case: http://www.politechbot.com/cgi-bin/politech.cgi?name=mishkoff --- From: "Gregory, John D. (JUS)" <John.D.Gregoryat_private> Date: Fri, 29 Nov 2002 09:16:07 -0500 A few days ago on this list there was a discussion of the plight of Howard Mishkoff, who put up a fan site for a shopping center and is being legally pursued by the owners of the center. His expert witness did a lovely job of explaining what a web site was - and how it is NOT a trade name, but only an indication of what is going on at the site, in many different ways. Quoting from the earlier posting: He has posted the report of his expert witness, Milton Mueller, at http://www.taubmansucks.com/Act108.html. For a trademark action, there has to be confusion among possible customers, or (in the US only) "dilution" of a famous name. One imagines IntelCenter would have a good defence, though whether they have the money or inclination to run it against a very rich abusive complainant is a different question. For an action about web names, Professor Mueller's arguments are pretty strong. John G John D. Gregory General Counsel, Policy Branch OPINIONS ARE Ministry of the Attorney General (Ontario) PERSONAL 720 Bay Street NOT Toronto ON Canada M5G 2K1 OFFICIAL (416) 326-2503 fax (416) 326-2699 john.d.gregoryat_private ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ ------------------------------------------------------------------------- Like Politech? Make a donation here: http://www.politechbot.com/donate/ Recent CNET News.com articles: http://news.search.com/search?q=declan -------------------------------------------------------------------------
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