[governance] Chicago Law Firm, Jones and Day Sues Over Hyperlink To Trademarked Name

[Jeffrey A. Williams]

All,

  A blast from the past has raised it's ugly head again!

  Looks like the RIAA and IPC boys, Jones & Day the
scorage of Tradmark law and former legal representative
of ICANN, are out for a easy kill.  But maybe not so fast...

  Does this have serious implications for freedom of expression
and speech, as well as "Fair use"?  You bet it does!  Does this
demonstrate where ICANN really sits?  IMO, there is no doubt.
Does this case have potential for major implications on hyperlinking
and the normal use of the World Wide Web?  Absolutely! Does this
case have Internet governance and Internet bill of Rights 
implications?  Without a doubt!  Does this case have serious 
privacy considerations?  Not really as public information is not 
a privacy issue, but Jones & Day clearly think so...  Does this
seem like a new legal stratagy of the IPC crowd in taking on
a little fish and doing so in a way that is bullying and
intimidating to gain body or legal presidence?  I definately think
so...

See:
Large Chicago law firm  http://www.jonesday.com/ Jones Day are
suing internet startup  http://www.blockshopper.com/welcome/
BlockShopper over
http://arstechnica.com/news.ars/post/20080918-federal-lawsuits-take-on-the-humble-hyperlink.html
the issue of whether linking to a business with their trademarked name
should be legal. It would seem they are using
http://en.wikipedia.org/wiki/Trademark_dilution trademark dilution as a
tool to get BlockShopper to cease linking to their website.
http://arstechnica.com/news.ars/post/20080923-eff-claim-that-consent-needed-for-linking-is-preposterous.html
The EFF has filed an amicus curiae, as might be expected. If Jones Day
wins this suit, anyone linking using a trademarked name may be in legal
hot water."

Regards,

Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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