Kerry and all,
Interesting case. Thank you for providing the reference Kerry. It
shall go in my database for these kinds of cases. The article
didn't mention a filing number. Do you happen to know it?
At any rate it seems that this would be case would be in direct conflict
with
the WIPO and WG-C's? recommendation's on the WIPO Final Report
to which we filed comments and recommendations to ICANN/DNSO, WIPO
(In the past), DOJ, DOC/NTIA and the House Commerce Committee.
Kerry Miller wrote:
> 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.
>
> [...]
> ===
Regards,
--
Jeffrey A. Williams
Spokesman INEGroup (Over 95k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
Contact Number: 972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
