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Subject: Viacom loses domain name ruling in Singapore
Date: Fri, 26 Apr 2002 09:14:00 +0800
To: <[EMAIL PROTECTED]>, <[EMAIL PROTECTED]>
Hi Declan,
It will be interesting to see what happens next. This puts a whole new spin
on domain names: trade/servicemarked terms may have become generic terms in
other languages- does this cause them to lose their protected status?
For more info on Singapore's Domain Name Dispute Resolution Policy:
http://www.disputemanager.com.sg/
The decision is available here:
http://www.disputemanager.com.sg/decisions/SDRP%202002-0001(F)%20Decision.pdf
Harminder Singh
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>From the Today newspaper (Singapore), April 26 2002:
(sorry, they don't have a website :< )
MTV A GENERIC NAME, SAYS RULING
===============================
Viacom International Inc, which operates Music Television (MTV) Networks,
has lost a claim to to the "MTV" domain name although it operates sites
such as mtv.com, mtvasia.com and mtv-china.com.
The Singapore Domain Name Dispute Resolution Service said the name "MTV",
as used by the Taiwanese firm Elitist Technologies Co Ltd for its website
mtv.com.sg, was generic as an abbreviation for music videos.
The disputed Chinese-language website, which has a disclaimer saying it it
not affiliated with Viacom or MTV, offers free e-mail and serves as a
portal for supplying Chinese entertainment products and services.
Elitist Technologies had rejected exclusivity claims by Viacom, arguing the
acronym MTV was generic as there is no direct translation in the Chinese
language.
In making the April 15 decision, the ruling's author, Mr Daniel Seng, said
that MTV is "generic as it has entered the local Chinese language as an
abbreviation for music videos."
It was the first case heard by the body which was set up early this year.
Its rulings can be challenged in Singapore courts.
-AFP
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The Straits Times (Singapore)
APRIL 25, 2002
Viacom loses claim over MTV domain name
=======================================
http://straitstimes.asia1.com.sg/breakingnews/story/0,1895,116232,00.html
SINGAPORE -- Viacom International Inc, a global entertainment company which
runs the Music
Television or MTV, claimed that a Taiwanese firm used the domain name,
mtv.com.sg, in 'bad faith' and profitted from it.
Saying that Elitist Technologies has no rights over the name, Viacom filed
a complaint against the company with the Singapore Domain Name Dispute
Resolution Service and to get the name transferred to it.
[...]
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Subject: RE: Viacom loses domain name ruling in Singapore
Date: Fri, 26 Apr 2002 09:33:05 +0800
From: "Harminder Singh" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>, <[EMAIL PROTECTED]>
Hi-
a more detailed report from the Straits Times.
Harminder
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The Straits Times (Singapore)
APRIL 26, 2002
Viacom loses claim over MTV domain name
=======================================
http://straitstimes.asia1.com.sg/singapore/story/0,1870,116391,00.html?
By Alethea Lim
COURT CORRESPONDENT
GLOBAL entertainment company Viacom International Inc, which runs the
cable music station MTV,
has lost its fight to have the domain name mtv.com.sg transferred to it.
It had filed a complaint against Taiwanese firm Elitist Technologies with
the Singapore Domain Name Dispute Resolution Service.
Viacom, which operates such websites such www.mtvasia.com and
www.mtv-china.com, said Elitist had
no rights over the name, had used it in 'bad faith' and had profited from it.
But the dispute resolution panel found that the word 'MTV' used in the
domain name was descriptive and generic and Viacom was unable to prove it
had 'clear or unequivocal' exclusive rights over it.
The case was the first heard by the service, which was set up early this year.
[...]
---
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