From: "Paul Levy" <plevy AT citizen DOT org>
Date: April 17, 2009 9:17:01 PM MDT (CA)
To: "Mike Godwin" <firstname.lastname@example.org>
Subject: Re: Upshot and status
With respect, I am very disappointed to learn that an entity group that I respect -- whose general counsel is a lawyer whom I admire a great deal -- nevertheless sent out a demand letter predicated on a view of trademark law that we have been fighting for years, with a fair amount of success and specifically in the Circuit that matters here.
And unless there is reason to think that there is a road around Bosley (or around Lamparello, for that matter, in the Circuit where the registrar is located), I don't see any reason why Kildall should HAVE to "negotiate" to retain his domain name. When he had only paid counsel, and had to consider whether he could afford to say no, he was in a situation where he had no choice but see what he could get through talking. He is not in that situation anymore.
If I am wrong about the law, or the law as applied to these facts, though, please let me know. And I hope that there is no case.
Paul Alan Levy
Public Citizen Litigation Group
1600 - 20th Street, N.W.
Washington, D.C. 20009