Here is something that will be in tomorrow's local papers. A fellow by the name of David Cournoyer registered the domain name "edstelmach.ca", then arranged to have that web address redirect to his blog http://davealberta.blogspot.com. Mr Cournoyer was subsequently greeted with a letter from the Premier's lawyer demanding cease and desist (and further that he register the address in Ed Stelmach's name) failing which legal action would be taken. The allegation put forward by Mr. Stelmach's lawyer is that this constitutes an actionable tort of misappropriation of personality. Misappropriation of personality involves taking someone's likeness for commerical gain. Imitating someone's voice or personal appearance is one thing but is using someone's name as a domain name truly taking someone's likeness? I think this is a bit of a stretch. Unlike domain name registration of trade-marks where there is a strong nexus between name and source of goods and services (and for which there is a dispute resolution procedure to turf cybersquatters), there is no such nexus between a name and the corresponding person's likeness.
Ed Stelmach claims to have lost his personality. (It is reportedly stolen!) Well, that certainly explains my observations of the man!
Seriously though, this is a SLAPP suit pure and simple. Stelmach would never attack anyone who could defend ones self, at least not in such a ham-fisted manner.
Kudos to Dave Cornoyer for putting up a splendid extra-legal defense. The press coverage has everyone talking.
In the unlikely event that this one ever goes to court, I hope that some serious legal talent will step up to the plate and run the case pro bono. It is not going to be a lot of work, and it surely would be fun to watch Ed squirm throughout the process.
Posted by: Colin Broughton | January 09, 2008 at 06:29 PM
From a purely legal point of view, I absolutely agree that this would be an interesting case for trial. I do not think a court would find this to be a misappropriation of personality. Of course, the political optics of this story is such that I doubt Mr. Cornoyer will hear any more about it from Mr. Stelmach's lawyer.
Posted by: Cameron Hutchison | January 09, 2008 at 08:55 PM
I am out of the office until July 27th. I will check my email on occasion but please do not expect a reply until after I return.
Posted by: Cameron Hutchison | July 07, 2010 at 07:59 PM
I am out of the office until September 1, 2010.
Posted by: Cameron Hutchison | September 01, 2010 at 12:47 AM