http://www.news.com/News/Item/0,4,0-40897,00.html Court OKs some domains with trademarked names By Dan Goodin Staff Writer, CNET News.com August 24, 1999, 5:40 p.m. PT Internet addresses that include trademarked names do not necessarily constitute a violation, according to a ruling by a federal appeals court. The decision, handed down yesterday by the U.S. Court of Appeals for the Ninth Circuit, means that Mailbank, a small email provider that allows customers to easily customize their email addresses, may hold onto the names "avery.net" and "dennison.net." Office supply company Avery Dennison had sought to take possession of the addresses, arguing that they "diluted" its registered trademarks. A three-judge appeals panel unanimously ruled that Avery had no right to take control of the domain names because the company's trademarks did not meet the requirements of the Federal Trademark Dilution Act, under which the suit was brought. The 1995 statute protects "famous" or "strong" marks--for example, Disney or Toyota--from being diluted though unauthorized use. The statute has been invoked repeatedly in disputes over domain names, especially against so-called cybersquatters, who register well-known trademarks as domain names and then sell them back to the holder at an inflated price. [...] ===
