[rumori] cybersquatting and trademark infringement


Steev Hise (steevATdetritus.net)
Wed, 13 Oct 1999 17:38:36 +0000 ( )


Originally via Escape Mechanism:

> This ain't about sampling, but look at what heavyweights do when somebody
> gets in their way when it comes to makin' money:
>
> _______________________________________________________
>
> DON HENLEY & THE EAGLES SUE OVER DOMAIN NAMES
>
>
> A bad trend has been flooding the Internet. People
> swoop down on famous peoples names and buy them as
> domain names, sometimes knowing that when the celebrity
> ends up wanting to create a site for himself and
> realizes his or her own name is already taken, that
> person will be forced to pay the owner of the domain a
> fee to get the name back. It happened recently with
> Orrin Hatch, and its happened again with Don Henley
> and the Eagles.
>
> Thats exactly what Mark Elsis allegedly did with the
> Eagles and Don Henley, and Henley & Co. have filed a
> trademark infringement lawsuit against Elsis over
> various domain names using Henley and Eagles-related
> wording. The domain names under fire are
> don-henley.net, don-henley.org, donhenley.org,
> theendoftheinnocence.com, and e-a-g-l-e-s.com.
>
> The suit was filed Thursday (Oct. 7) in United States
> District Court for the Central District of California
> for trademark infringement, false designation of
> origin, unfair competition, dilution, and violation of
> right of publicity.
>
> A bill is in Congress right now to prevent what they
> call cyber-squatting. Im glad the law is coming, says
> the groups attorney Jill Pietrini of Manatt, Phelps &
> Phillips LLC, who wouldnt say how much Elsis was
> asking for to give the domain names back, but did say
> that it came with strings.
>
> The suit reads, in part, Defendants use in commerce
> and registration of the domain names confusingly
> similar to, or substantially indistinguishable from,
> the marks Eagles and Don Henley and the song title The
> End of the Innocence, is likely to cause confusion
> with respect to the origin and source of defendants
> products and services, and is likely to cause confusion
> or mistake and to deceive purchasers into believing
> that there is an affiliation, connection, or
> association between Henley and Limited, the band the
> Eagles, and defendant.
>
> Henleys attorneys are asking for a jury trial and
> damages exceeding $75,000.
>
> - Carrie Borzillo

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