06/22/2007

Record-Eagle/Tyler Sipe
Known Books owner Cheryl Cigan, left, and The Business Helper owner Jackie Morrison are being sued for using the words “Leelanau pages” on a business Web site. The two are being sued by Alan Campbell, publisher of the Leelanau Enterprise.

Newspaper publisher suing women

Dispute centers around name on Web sites

By Bill O'Brien

bobrien@record-eagle.com

LELAND — Three Leelanau County businesses are embroiled in a cyber dispute over the words "Leelanau pages.”

Alan Campbell, publisher of the weekly Leelanau Enterprise newspaper in Lake Leelanau, sued Suttons Bay businesswomen Cheryl Cigan and Jackie Morrison in 13th Circuit Court last week.

The lawsuit alleges that use of "Leelanau pages” on business Web sites used by the two women creates confusion for consumers and damages a county telephone directory of the same name launched by the Enterprise almost two years ago.

"It's not something I'm very happy about, but you have to be protective of your business,” Campbell said.

Cigan owns Known Books in Suttons Bay and has done Web development work for Morrison, owner of The Business Helper in Suttons Bay. Morrison's business publishes The Business Book directory, which highlights Leelanau businesses. Cigan said the suit is baseless.

"I'm in Leelanau County. I have 'pages' on a Web site. How is this illegal?” Cigan said. "I still don't think they can trademark the term 'Leelanau pages'.”

The six-count lawsuit alleges unfair competition, common law trademark infringement, business defamation and other claims and seeks unspecified damages and an injunction to prevent "similar activities in the future.”

It alleges the Enterprise has a "common law trademark” in the words "Leelanau Pages,” in part because of an "aggressive” advertising and marketing campaign when the directory was launched in fall 2005.

Court documents include a January letter sent to Morrison that alleges a "flagrant” trademark infringement because of an Internet domain name registered to her under "leelanaupages.com.” That registration came in fall 2005, just as the Enterprise launched its new phone directory.

"They're trying to trick people into coming to their Web site using our trademark,” said Enrico Schaefer, the newspaper's attorney.

Cigan said Campbell is simply being out-hustled in getting his product promoted on the Internet.

"He's been out-optimized,” Cigan said. "Just because you have a Web site, it doesn't mean you're going to get traffic.”