I have added no comments to this forwarded mail.--Andy
Date: Mon, 24 Apr 2000 16:00:58 -0400
From: Christie Vernon <[EMAIL PROTECTED]>
Subject: '"VIRGINIA LEADS AGAIN".....alas
Hi!
Please send this to anyone interested in ICANN and the trade names issue:
A story from the DAILY PRESS, Newport News, VA, by local
reporters.
DATELINE: Norfolk, 4-21-00
JUDGE ISSUES ORDER AGAINST COLONIAL WILLIAMSBURG UNION
A federl judge has issued a temporary injunction that
prevents using the internet address
"colonial-williamsburg.com" by the union representing the
hotel and restaurant workers involved in a labor dispute
with Colonial Williamsburg.
Gilinda Rogers, the woman who bought that internet name
and the name "colonialwilliamsburg.com" (without the
hyphen), agreed to sell the domain names to the union two
weeks ago for $l plus transfer costs. Rogers says she owns
about l,200 domain names. But Colonial Williamsburg says
Rogers is in the business of "cyber-squatting" and doesn't
have any right to the names, because Colonial Williamsburg
is a registered trademark.
On Thursday, Colonial Williamsburg sought the help of a
judge in U.S. District Court in Norfolk to prevent the
tranfer of ownership of the names. The judge issued an
injunction ordering Rogers to contact the company that
registers the domain names and tell them to stop letting
people access the site.
{WHOOPS!!!! Boy, does the plot thicken!}
The court also ordered Rogers to take steps to halt the
use of and transfer of the domain names. (!!!!!!!!!!!!!)
Joseph Kearfott, an attorney for Colonial Williamsburg,
argued that use of the site could "cause irreparable harm"
to Colonial Williamsburg.
Hotel & Restaurant Employees Local 25 started using the
Internet address (colonial-williamsburg.com) to post
information about the labor dispute and the wrong the union
feels have been inflicted on employees. The contract
between Local 25 and management expired Dec. 3l, and
relations have been growing worse ever since then. The two
sides return to the bargaining table Monday, but the union
has threatened to strike in the past. Protests are possible
this weekend.
Kearfott said the union's use of the Web site is not
appropriate. "They're entitled to put that content up," he
said. "They're not entitled to put it up under the Colonial
Williamsburg name."
{NOTE: that is the kind of thing we say in Virginia -
'not appropriate.' Acting not appropriately is a felony
here.}
Judge Rebecca Beach Smith said that she was granting
Colonial Williamsburg's request because, under the
cirucmstances, the harm "can happen very quickly,
potentially in minutes, hours, and certainly days." A full
heariing on the matter is expected within ten days.
{NOTE: the judge is a member of the old establishment.
We definitely do not like unions here. Sometimes we have
the state police throw strikers through plate glass windows.
They deserve it.}
Rogers said she was not notified of the hearing until
two hours before it was to occur. She was in Washington,
D.C. at the time and couldn't make it to the hearing. Her
attorney was out of town, she said.
"I'm surprised at the judicial system allowing it to go
on with that short notice, without giving me an opportunity
to get there, and without seeing the paperwork," she said.
Rogers said she was not surprised the court granted the
injunction, because no one was there to give her side.
{NOTE or to explain the ICANN system, or the facts,
obviously. That would only confuse the judge.}
Rogers also said, "I hope the employees ofColonial
Williamsburg are not disserviced by this action."
John Boardman, lead negotiator for Hotel & Restaurant
Employees Local 25, said before thehearing that he believed
the union should be able to use the names. "Our preliminary
assessment was we have grounds to own these things and will
pursue that to the extent it is legally possible," he said.
{Question: I have to wonder what sort of troops ICANN
is going to send to enforce this?. So many wonderful issues
here. I hope some ICANN junkies will race to the rescue.}
