[IFWP] "hoist by his own petard"

[Milton Mueller]

Martin:
Thanks so much for demonstrating in clear, factual terms how distorted your
treatment of the study has been.

Martin B. Schwimmer wrote:

> How many of the people to whom you have cited the results of the study
> (WIPO for example) understood that you had excluded burger.king.co.uk from
> the study?

burgerking.co.uk is right there in the list of cases studied. Case type was
classified as "speculation." Result was classified as "C" -- "challenger wins
name."

> Wnen you say that "TM Owners abuse NSI policy more than are abused by
> pirates" that you have excluded the owners of neiman-marcus.com from the
> list of TM owners who have been abused by pirates?

neiman-marcus.com is right there in the list of cases studied. It was classified
as "speculation." Result: C -- challenger wins name.

The list of the 121 cases has been posted at
http://istweb.syr.edu/~mueller/list.html
since July 1998.

The fact that Schwimmer was unable to cite specific cases that were not counted
is, I think, instructive. He committed two demonstrable factual errors.  I look
forward to a retraction.
--MM