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Domain Names ARE Protected Speech
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John:
Of course you're right that the decision only struck down a preliminary injunction. But the language conclusively states that the reason they struck it down was that the First Amendment claims of Mishkoff had merit. Now, I defer to the lawyers on whether this kind of a decision can serve as and be cited as "predecent." But the court's language is pretty unequivocal and I have a hard time seeing why a First Amend.-based refusal to allow someone to be shut up on a trumped-up trademark claim would not be used in the future as precedent in similar cases.
Perhaps more significantly, what if Taubman now gives up and doesn't take it to trial? Which may indeed happen.
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Re:Not Quite As Broad As That
by Mueller
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