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just read someplace, now I cannot find it, AC is going after the person who started this petition. They want the removal of the AC logo and because this petiton resembled the official AC website. Although they said they did not object to criticisms..

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News from The Globe and Mail

Air Canada claims Web infringement

00:00 EDT Friday, July 11, 2003

Air Canada is going after the creator of an on-line petition that calls for the removal of the airline's president, Robert Milton, and board of directors, for trademark infringement.

The company's U.S. trademark lawyer has sent an e-mail to the operator of http://www.miltongottago.com demanding the immediate removal of the Air Canada logo and banner and a picture of an Air Canada plane that appear on the Web site.

The site "mimics the appearance of Air Canada's "aircanada.com" Web site in that it uses the same type of banner, colour scheme, and font," Washington lawyer Christina Hieber said in the e-mail, a copy of which was provided to The Globe and Mail by the site's owner, Daniel Mullen.

"Air Canada does not object to the concept of criticism of its officers and directors," Ms. Hieber said in the e-mail. "However, Air Canada does object to your unauthorized use of Air Canada's federally registered trademarks and . . . distinctive Web site trade dress."

She goes on to say that the use of these features "far exceeds what you need to identify Air Canada and convey your message and is not protected under free speech principles," and it adds up to "trademark infringement under federal and state laws."

In an e-mailed reply to Ms. Hieber, Mr. Mullen has demanded information about Air Canada's trademark registration and a number of other matters, including the "specific [type] font name that your client uses."

Mr. Mullen said in a telephone interview yesterday that he currently has no plans to comply with Air Canada's request, arguing that under U.S. law, he is "making fair use" of the material.

However, he also said that he will comply if Ms. Hieber can cite a U.S. federal registration for the trademark and provide proof that "they have been defending it in the past." He said he would simply change the identification on the Web site home page to "a big AC."

This is not the first time Mr. Mullen has been involved in an internet dispute.

In a December 2000 decision, he lost a fight with a German bank over a domain name he had registered.

Mr. Mullen said he is 36, Canadian and that he currently works in Germany as an Internet product marketing consultant. He said he travels frequently on business and often flew Air Canada in the past.

However, he decided about a year ago "not to give them any more money" because he "saw the company being put in the wrong direction." In particular, he cited poor relations between management and employees.

There are currently more than 1,100 names on the petition, although at least several dozen are clearly bogus.

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