On what basis might court protect mishkoffs use of names

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Question: Free Speech. Henry Mishkoff is a Web designer whose firm does business as "Webfeats." When Taubman Co. began building a mall called "The Shops at Willow Bend" near Mishkoff's home, Mishkoff registered the domain name "shopsatwillowbend.com" and created a Web site with that address. The site featured information about the mall, a disclaimer indicating that Mishkoff's site was unofficial, and a link to the mall's official site. Taubman discovered Mishkoff's site and filed a suit in a federal district court against him. Mishkoff then registered other names, including "taubmansucks.com," with links to a site documenting his battle with Taubman. (A Web name with a "sucks.com" moniker attached to it is known as a "complaint name," and the process of registering and using such names is known as "cybergriping.") Taubman asked the court to order Mishkoff to stop using all of these names. Should the court grant Taubman's request? On what basis might the court protect Mishkoff's use of the names? [Taubman Co. v. Webfeats, 319 F.3d 770 (6th Cir. 2003)]

Reference no: EM131470342

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