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Domain Names ARE Protected Speech
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The appeals court was not ruling on a final decision of the trial court, so the characterization of the "precedent setting" nature of this decision is somewhat overblown in the article above.
What this court was doing here was ruling on whether to permit a preliminary injunction against the domain name registrant - i.e. they were deciding whether it was permissible to shut this guy up while the trial was in progress, or whether this guy could go on using the domain names while the trial was in progress. The standards for obtaining a preliminary injunction in any case are higher than for obtaining a final decision on the merits.
Don't get me wrong. I like the decision, but that's no reason to mischaracterize the practical scope of it.
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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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