IP: Netname lawsuit filed in Federal Court - Newark 02/16/96

[Dave Farber <farber () central cis upenn edu>]

To: farber () central cis upenn edu (Dave Farber)
From: jwarren () well com (Jim Warren)


Netname trademark lunacy -- here we go again!  When it's all over, it
appears possible that no one will be able to use any character sequence
online without first checking with the Trademark Office ... and probably
every state's Office of Thought Monopoly, to boot.


This net user has just discovered that "justice" in Amerika is available
only to those who can buy it.


--jim
Jim Warren, GovAccess list-owner/editor (jwarren () well com)
Advocate & columnist, MicroTimes, Government Technology, etc.




execdir () mandingo internetWTC com writes:
> *****************************************
> WORLD TRADE CENTERS ASSOCIATION
>
> vs.
>
> INTERNET WTC INC d/b/a
> INTERNET WORLD TRADE CENTER
> and KENNETH BROWNE
> *****************************************
>
>
> We are not sure who to turn to for help.
>
> We have been sued by the World Trade Centers Assciation
> for trade mark infringement on our former site called
>
>    "The Internet World Trade Center"
>
> The new name of the site is
>
>     "The Internet World Trade & Financial Complex
>
> The current domain address is:  http://www.internetwtc.com
>
> This domain address is also being attacked as infringing on their mark along
> with our corporate name "INTERNETWTC INC.
>
> There are over 300 World Trade Centers in the world and most are members of
> the WTCA and some are not.  Even on the Internet there are other net sites
> advertising their sites as World Trade Centers who are not members of the
> WTCA.
>
> I have been accused of
>
> 1.  Infringing on their mark
> 2.  They stated my internet site was likely to cause confusion
>    to cause mistake or to deceive the purchasing public and
>    lead others to believe that my site originated from or are
>    authorized or licensed by the Plaintiff.
> 3.  They stated that they suffered irreparable harm and injury
> 4.  They are also stating thet I personally have intentionally
>    competed unfairly - that's why they pierced the corporate
>    veil to get at me personally.
> 5.  They also stated that I am my internet site is likely to
>    confuse, or cause to mistake, or to deceive (a) as to affiliation,
>    connection or association of defendants'
>    activities or business with Plaintiff or (b) as to origin,
>    sponsorship, or approval of defendants' activities or
>    business by plaintiff.
> 6.  They said I created or will create a false designation of origin, or a
>    false or misleading description or representation as to the source of
>    defendants activities and business activities.
> 7.  They stated i would create a likelyhood of confusion in the minds of
>    consumers as to the source of defendants business offerings and further
>    create or will create the impression that plaintiff is responsible for
>    the quality of such business offerings by defendants.
> 8.  The stated I was trading unfairly on the goodwill of the
>    plaintiff's names and marks.
> 9.  They also stated that I unfairly competed with them and
>    have done so intensionally.
> 10. The Plaintiff has claimed that I diluted the distinctive quality of
>    the plaintiffs name and mark.
>
> The Plaintiff in this matter got a restraining order for me to immediately
> shut down.
>
> The suit includes "INTERNETWTC INC" as an infringement
> The suit includes "internetwtc.com" as an infringement
> They even went so far as to say that "THE INTERNET WORLD
> TRADE & FINANCIAL CENTER" infringes on their mark.
>
> This is not all - Back in January I asked to become a member of the
> association (WTCA) - I was refused even though their literature states that
> an entity who is planning or is operating a world trade center can become a
> member.
>
> The site I have now is essentially the same site with my new name - THE
> INTERNET WORLD TRADE & FINANCIAL COMPLEX.
>
> What we are looking for are netizens who wish to help me prepare the
> necessary briefs and statement of facts to be presented to the court.  I can't
> afford an attorney and the legal fees to fight them.  I am trying to get
> myself, personally, removed as a defendant in this matter.
>
> If you know a group or anyone that can help me in this matter
> It will be greatly appreciated.
>
> We are the first Super Internet Case 2/16/96, yours is the second on the
> Decency Issue - 2/26/96.
>
> I thank you for any direction you can give me in this
> Goliath vs David Case.
>
> Kenneth Browne
> Executive Director