Monday, February 10, 2003

Internet Bloggers

Web logs, electronic diaries known in Internet shorthand as blogs, are the latest tool to monitor and comment on court news, swap stories and indulge in a little gossip.
The rooftops of our past have evolved into the internet domain names of our present. We find that Mishkoff's use of Taubman's mark in the domain name ‘taubmansucks.com’ is purely an exhibition of Free Speech, and the Lanham Act is not invoked. And although economic damage might be an intended effect of Mishkoff's expression, the First Amendment protects critical commentary when there is no confusion as to source, even when it involves the criticism of a business. Such use is not subject to scrutiny under the Lanham Act. In fact, Taubman concedes that Mishkoff is ‘free to shout 'Taubman Sucks!' from the rooftops. . . .’

· Bloody Minded [MediaMinded]