FC: Update on Texas mall critic's fight to keep Taubmansucks.com

[Declan McCullagh <declan () well com>]

Forwarded from another list... Politech archive on this case:
http://www.politechbot.com/cgi-bin/politech.cgi?name=mishkoff

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From: "Gregory, John D. (JUS)" <John.D.Gregory () JUS GOV ON CA>
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.gregory () jus gov on ca




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