as is the landing page for any http://launchrock.com/ site and a million other web sites on the internet. If that's the criteria for suing someone (which it seems to be), we seriously need to rethink the entire system. Throwing out all patent law sounds like a good start to me.
> Either way, it's shameful that Fab can sue for look/feel.
Uh, really? You're talking about trademark and trade dress. Why, on this green Earth, should you not be able to protect your marks or dress?
Also, this article points to Braniff, Trans-Texas, and Continental suing Southwest as a historical corollary: It's not. Southwest was sued because it was operating outside of federal regulations (which it claimed it could avoid because it only operated in Texas) [1]. Fab is suing based on marks and dress--something wildly different from Southwest's suit.
Additionally, trademark law nearly requires you to vigilantly protect your marks. In that way, it protects against selective suits and bullying where beneficial.