FC: Airplane critic gets sued over site -- but insurance pays defense

From: Declan McCullagh (declanat_private)
Date: Wed Mar 12 2003 - 22:25:00 PST

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    Date: Wed, 12 Mar 2003 11:00:49 -0500
    From: "Paul Levy" <PLEVYat_private>
    To: <declanat_private>
    Cc: <jimfoltsat_private>
    Subject: "First they nearly killed me ... now they're suing me!"
    
    That is the theme for the latest in the Internet trademark wars.
    
    Jim Folts, who lives near Knoxville Tennessee, suffered a mishap in a
    private plane that he was flying, and he felt that Piedmont Hawthorne
    Aviation, an airplane repair shop that had serviced his plane, was
    responsible.  He took his problem to the National Transportation Safety
    Board, which found that Piedmont Hawthorne was responsible.  But when
    Folts set up a website titled Aircraft Pilots for Better Maintenance,
    and used Piedmont Hawthorne's name is his domain name and meta tags,
    Piedmont Hawthorne sued Folts alleging trademark and defamation
    theories.
    
    Piedmont appears to have sued the wrong guy, at the wrong time.  It is
    the wrong guy because Folts doesn't like being pushed around and, it
    turns out, he has the luxury of being able to afford to stand up for his
    free speech rights because Folts is covered for this lawsuit by his
    insurance.  So he is going to have a fully financed and high-class
    defense.  Indeed, the first thing I ask any cybergriper who comes to me
    is, do you have insurance coverage so that you can hire a lawyer.  If
    more people thoughy about this BEFORE they got threatened with
    litigation, they'd be a lot better off.  Second, the lawsuit was filed
    within days after the Sixth Circuit decided Taubman v. Mishkoff, which
    would seem to preclude the trademark claims altogether.   (we actually
    decided not to take the case because, in light of Taubman, it seemed
    clear to us that the trademark claims were untenable and the only real
    issues in the case was deframation for which a local lawyer would be
    better)
    
    The story, including information about the lawsuit, is now on Folts'
    website at http://www.aircraft-maintenance.com .  He stopped using the
    Piedmont-related domain name after he consulted a local lawyer.   Now
    that he has experienced trademark counsel, however, that may well
    change.
    
    
    
    Paul Alan Levy
    Public Citizen Litigation Group
    1600 - 20th Street, N.W.
    Washington, D.C. 20009
    (202) 588-1000
    http://www.citizen.org/litigation/litigation.html
    
    
    
    
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