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_at_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_at_jus.gov.on.ca
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Received on Dec 09 2002
Intro
