Taubman Co. V. Webfeats
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Taubman Co. V. Webfeats
''Taubman Co. v. Webfeats'', 319 F.3d 770, 778 (6th Cir. 2003) was a United States Court of Appeals for the Sixth Circuit case concerning trademark infringement under the Lanham Act due to the unauthorized use of a domain name and website. The appellate court held that Taubman's trademark infringement claim did not have a likelihood of success and that the use of the company's mark in the domain name was an exhibition of Free Speech. ''Taubman Co. v. Webfeats'' became the first federal appellate court case that addressed the phenomenon of "cybergriping". The legal battle also evolved into a civil liberties case, attracting the attention of organizations such as the American Civil Liberties Union (ACLU) and the nonprofit advocacy group Public Citizen. Facts Taubman Company Limited Partnership announced that it is building a shopping mall called ''The Shops at Willow Bend'' at Plano, Texas. When Henry Mishkoff heard of the construction, which was near his home, he created a We ...
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United States Court Of Appeals For The Sixth Circuit
The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of Kentucky * Eastern District of Michigan * Western District of Michigan * Northern District of Ohio * Southern District of Ohio * Eastern District of Tennessee * Middle District of Tennessee * Western District of Tennessee The court is composed of sixteen judges and is based at the Potter Stewart U.S. Courthouse in Cincinnati, Ohio. It is one of 13 United States courts of appeals. William Howard Taft, the only person ever to serve as both President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ... and Chief Justice of the United Sta ...
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Danny Julian Boggs
Danny Julian Boggs (born October 23, 1944) is an American attorney and a Senior United States circuit judge of the United States Court of Appeals for the Sixth Circuit. He was appointed to the court in 1986 and served as its Chief judge from September 2003 to August 2009. Boggs was on the short list of President George W. Bush's candidates for the U.S. Supreme Court. Early life and education Born in Havana, Cuba, and raised in Bowling Green, Kentucky, Boggs attended College High School in Bowling Green, where he was a member of the debate team that won the 1959 Kentucky state debate championship. He received an Artium Baccalaureus (Bachelor of Arts) degree ''cum laude'' from Harvard University in 1965 and graduated from the University of Chicago Law School in 1968 with a Juris Doctor degree and a nomination to the Order of the Coif. At the University of Chicago, he won the Hinton Moot Court Competition and was an editor of the ''University of Chicago Law Review''. Career Bog ...
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Richard Fred Suhrheinrich
Richard Fred Suhrheinrich (born August 15, 1936) is a Senior United States circuit judge of the United States Court of Appeals for the Sixth Circuit serving in Lansing, Michigan He had been a United States district judge of the United States District Court for the Eastern District of Michigan. Education and career Born in Lincoln City, Indiana, Suhrheinrich earned his Bachelor of Science degree in 1960 from Wayne State University, his Juris Doctor with honors in 1963 from the Detroit College of Law (now Michigan State University College of Law) and his Master of Laws in 1990 from the University of Virginia School of Law. Suhrheinrich was an assistant prosecutor for Macomb County, Michigan in 1967 and was an associate professor of law at the Detroit College of Law from 1975-85. He co-founded, with Richard Kitch, the law firm Kitch & Suhrheinrich. The firm originally specialized in medical malpractice defense. Now the Kitch firm, the firm has since grown into a full-service law f ...
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Eric L
The given name Eric, Erich, Erikk, Erik, Erick, or Eirik is derived from the Old Norse name ''Eiríkr'' (or ''Eríkr'' in Old East Norse due to monophthongization). The first element, ''ei-'' may be derived from the older Proto-Norse ''* aina(z)'', meaning "one, alone, unique", ''as in the form'' ''Æ∆inrikr'' explicitly, but it could also be from ''* aiwa(z)'' "everlasting, eternity", as in the Gothic form ''Euric''. The second element ''- ríkr'' stems either from Proto-Germanic ''* ríks'' "king, ruler" (cf. Gothic ''reiks'') or the therefrom derived ''* ríkijaz'' "kingly, powerful, rich, prince"; from the common Proto-Indo-European root * h₃rḗǵs. The name is thus usually taken to mean "sole ruler, autocrat" or "eternal ruler, ever powerful". ''Eric'' used in the sense of a proper noun meaning "one ruler" may be the origin of ''Eriksgata'', and if so it would have meant "one ruler's journey". The tour was the medieval Swedish king's journey, when newly elected, to s ...
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First Amendment To The United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with ''Gitlow v. New York'' (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. In '' Everson v. Board of Education'' (1947), the Court drew on Thomas ...
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Lanham Act
The Lanham (Trademark) Act (, codified at et seq. () is the primary federal trademark statute of law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising. History Named for Representative Fritz G. Lanham of Texas, the Act was passed on July 5, 1946, and signed into law by President Harry Truman, taking effect "one year from its enactment", on July 6, 1947. In rare circumstances, a conflict will arise between trademarks that have been in use since before the Lanham Act went into effect, thus requiring the courts to examine the dispute according to the trademark act that existed before the Lanham Act. The Act has been amended several times since its enactment. Its impact was significantly enhanced by the Trademark Counterfeiting Act of 1984, which made the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark an offense under Title 18 of the United Sta ...
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Trademark Infringement
Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark. In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services. If the respective marks and products or services are entirely dissimilar, trademark infringement may still be established if the registered mark is well known pursuant to the Paris Convention. In the United States, a cause of action ...
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Domain Name
A domain name is a string that identifies a realm of administrative autonomy, authority or control within the Internet. Domain names are often used to identify services provided through the Internet, such as websites, email services and more. As of 2017, 330.6 million domain names had been registered. Domain names are used in various networking contexts and for application-specific naming and addressing purposes. In general, a domain name identifies a network domain or an Internet Protocol (IP) resource, such as a personal computer used to access the Internet, or a server computer. Domain names are formed by the rules and procedures of the Domain Name System (DNS). Any name registered in the DNS is a domain name. Domain names are organized in subordinate levels (subdomains) of the DNS root domain, which is nameless. The first-level set of domain names are the top-level domains (TLDs), including the generic top-level domains (gTLDs), such as the prominent domains com, info, net ...
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Website
A website (also written as a web site) is a collection of web pages and related content that is identified by a common domain name and published on at least one web server. Examples of notable websites are Google Search, Google, Facebook, Amazon (website), Amazon, and Wikipedia. All publicly accessible websites collectively constitute the World Wide Web. There are also private websites that can only be accessed on a intranet, private network, such as a company's internal website for its employees. Websites are typically dedicated to a particular topic or purpose, such as news, education, commerce, entertainment or social networking. Hyperlinking between web pages guides the navigation of the site, which often starts with a home page. User (computing), Users can access websites on a range of devices, including desktop computer, desktops, laptops, tablet computer, tablets, and smartphones. The application software, app used on these devices is called a Web browser. History ...
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Taubman Centers
Taubman Centers, Inc. is an American real estate investment trust headquartered in Bloomfield Hills, Michigan. The company invests in shopping centers, and is a subsidiary of Simon Property Group since 2020. History The company was founded in 1950 by A. Alfred Taubman. In 1953, it opened its first shopping center, North Flint Plaza, in Flint, Michigan. In 1964, the company opened its first enclosed mall, Southland Mall, in Hayward, California. In 1973, the company was incorporated as Taubman Centers, Inc. In 1987, the company sold Southridge Mall, in Milwaukee County, Wisconsin. In 1992, the company became a public company via an initial public offering. In 1997, the company sold Queens Center to Macerich. In 1998, the company sold The Mall at Tuttle Crossing, Hilltop Mall, Marley Station, Meadowood Mall, Lakeforest Mall, Briarwood Mall, Stoneridge Shopping Center, The Falls Mall, and Columbus City Center to GM Pension Trust. The company continued to manage the properties u ...
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Freedom Of Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, ...
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American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". The ACLU works through litigation and lobbying, and has over 1,800,000 members as of July 2018, with an annual budget of over $300 million. Affiliates of the ACLU are active in all 50 states, the District of Columbia, and Puerto Rico. The ACLU provides legal assistance in cases where it considers civil liberties to be at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of '' amicus curiae'' briefs expressing legal arguments when another law firm is already providing representation. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policy positions that have been established by its board of directors. Current positions of the ACLU include opposing the ...
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