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IP: British DNS lawsuit
From: Dave Farber <farber () cis upenn edu>
Date: Wed, 15 Oct 1997 08:26:47 -0400
Paul Sinasohn Technical Writer Scopus Technology - HQ 510-597-5868 There is a fine line between a groove and a rut - which one are you traveling in? ---------- Forwarded message ---------- ContactRichard Conway Voice 44 (0)956 57 58 59 Email Richard () Million com or Contact Julian Nicholson Voice 44 (0)956 321 432 Email Jules () Million com or Contact Robert Burke Voice 44 (0)1923 835 225 Email burkeslaw () cix com BIG NAMES BATTLE OVER CYBER NAMES ENGLAND -- Last week six of the largest UK companies issued High Court writs against young computer enthusiasts Richard Conway and Julian Nicholson, and their company One In A Million Limited, accusing them of trademark infringement and passing off. One In A Million Limited have registered a series of Internet domain names including virgin.org, the-spice-girls.com, bt.org, sainsburys.com, ladbrokes.com and marksandspencer.com. The companies taking the action are British Telecommunications Plc, Marks & Spencer Plc, Ladbroke Group Plc, J Sainsbury Plc, Virgin Enterprises Limited and Telecom Securicor Cellular Radio Limited. Similar action has been threatened by the Spice Girls. Whilst none of the domain names are being used for any purpose, the companies concerned are suing for damages of up to 10,000 and are demanding that One In A Million Limited hand over the domain names concerned. This case is the first of its kind to be taken to trial and will become a test case of considerable importance. The outcome will have a major influence on Internet domain naming, and may even have wider implications concerning cherished vehicle number plates and alpha- numeric telephone numbers. Robert Burke, from the defendants solicitors Northwood Law Practice, commented 'This really is a David and Goliath case - and I'm not infringing any trademarks by saying that we are entering 'virgin' legal territory.' Conway and Nicholson, both 23 years old, are Internet enthusiasts who developed a vast knowledge of the Internet, and in particular domain names, while studying at University over the past few years. 'It's not as if we are preventing these companies from operating on the Internet', says Nicholson. 'They all have domain names already registered that they are using to great effect - they even admit that their current web sites are exceedingly popular with visitors from all around the world.' 'This is a case of giant corporations grouping together and collectively trying to bully us into handing the domain names over' remarked Nicholson. 'How Virgin Enterprises Limited can claim they have sole rights to the word virgin, and how British Telecommunications Plc can claim exclusivity in the initials BT totally baffles me, and it will be interesting to see how they plan to convince the Court,' 'We did try and settle this matter with some of the companies concerned prior to the writs being issued', added Conway. 'At one we even point offered them the opportunity to take over the domains in return for a small voluntary contribution to charity' said Conway. They declined the offer. Conway said 'We've had many of these domains for over a year, and all of a sudden they've decided to group together and use their combined efforts and big bully tactics to try and frighten us.' 'We just register and collect domain names for a bit of fun - it's cheaper than paintings or number plates!', Conway commented. 'We have no intention of causing any harm or damage. If these companies had wanted these names originally, then they could have registered them a long time ago before we did.' ************************************************** "Photons have neither morals nor visas" -- Dave Farber 1994 **************************************************
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