Ahmanson Ranch-Related Domain Names

* A recent Times editorial (“Free Speech Is the Issue,” July 2) asserts that in taking action to protect certain trade names, Ahmanson Land Co. and its corporate parent, Washington Mutual, are motivated by the desire to suppress criticism of the Ahmanson Ranch project.

This is untrue.

Late last month, Ahmanson’s attorneys advised Save Open Space and Electronic Imaging Systems Inc. that their use of ahmanson.org as a domain name wrongfully used the goodwill associated with the Ahmanson name to draw traffic to the site, in violation of federal and state trademark laws. A similar notice was provided to Vince Curtis, an individual long associated with Save Open Space, who has registered the domain namesahmansonranch.com and ahmanson-ranch.com.

The letters further advised Save Open Space, Electronic Imaging and Curtis of Ahmanson’s willingness to take appropriate action to protect its rights. At the same time, the letters presented an offer from Ahmanson to forgo legal action to recover damages, provided the domain names were promptly transferred to Ahmanson, their proper owner.

Trademark law has long recognized that the use of trade names and trademarks can be protected in all media, including the Internet, without impinging on free speech. There is nothing novel or frivolous in our complaint. It is soundly based in law as well as fact.

It should be noted that Ahmanson has made no demands concerning a second Save Open Space Web site, saveopenspace.com, which is no less forceful in its criticisms of the Ahmanson Ranch project than ahmanson.org. Nor has the company made any demands of other organizations--Heal the Bay, Environet, Earth-Water-Air-Los Angeles--that also maintain Web sites critical of the project. None of these sites involve any violation of trademark laws. Ahmanson’s concerns here have nothing to do with content, only with the misappropriation of its name.

As to Washington Mutual per se, the company should not be faulted for seeking to preserve the value of trade names gained through acquisition or merger. This is simply a prudent business practice. One expects that the Tribune Co. will act with similar care for Times Mirror trade names and trademarks.

Washington Mutual and Ahmanson fully respect the right of Save Open Space (and others) to criticize the Ahmanson Ranch project on the Internet and elsewhere. We think, however, the group would be well-advised to deal squarely with the public on the Internet and present these criticisms in its own name, not ours.

TIM McGARRY

Vice President

Washington Mutual