Another Domain Name Trademark Dispute Goes to Court

[Duane Little <aadn1@nwi.net>]

Ari Goldberger, one of the AADN's Member Attorneys, has filed suit in
behalf of his client, owner of SPREE.COM, against telecom giant Sprint.
This is yet another case of "reverse hijacking," attempted by Sprint
using NSI's irresponsible policy as a means of intimidation.  There's a
published story with most of the details at:

http://www.legalcom.com/law/intelnew.htm#0003

The article says:

"According to Goldberger's complaint, Sprint is engaging in "reverse
domain name hijacking," a strategy used by trademark holders to acquire
an already-registered domain name by sending copies of trademark
registration to NSI and invoking its Domain Name Dispute Policy, which
mandates the sending of the 30-day letter.

"The suit claims that reverse hijackers 'have threatened lawful domain
name registrants with intimidating cease and desist letters,
misrepresenting the scope of trademark protection to which their clients
are entitled, in hopes of bluffing a registrant to surrender its domain
name. In many cases the mere threat of costly litigation and damages is
enough for a small entrepreneur to cave-in to a bogus threat from a
high-powered law firm or large corporation.'" 

In actual fact, it appears that the vast majority of domain name owners
cave in quietly to this kind of intimidation and surrender their names
without due process or compensation.

NSI apparently cares nothing for the consequences of its policy, which
by all accounts exists simply to keep NSI out of court.  The fact that
the NSI policy improperly provides trademark holders with the means to
intimidate and substantially threaten legitimate holders of domain names
is a continuing problem, to which NSI appears completely indifferent.

It's too bad the MoU's approach to the problem is little better.  The
MoU draws a parallel between the mere existence or registration of a
domain name and trademark infringement, which is unsupported by legal
precedent and will assuredly work to the disadvantage of legitimate
domain name holders without registered trademarks.  Apparently this
relates directly to the fact that large IP interests have been closely
involved in the process of the MoU's development.


Duane
pres@domains.org
http://www.domains.org