[H-GEN] FW: AOL have sunk to new depths of Legalese..
Brent Wesley
BWesley at bhcons.com.au
Tue Jan 5 23:05:54 EST 1999
> Check this out...
>
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>
> This article is from ZD Interactive Investor (http://www.zdii.com/).
> Visit this page on the Web at:
> http://www.zdii.com/industry_list.asp?mode=news&doc_id=PR19990104DCM031
>
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> Federal Court Rejects AOL Claim Against AT&T WorldNet Service
>
> Monday January 4 2:11pm
> PR Newswire
>
> Chief Judge Refuses to Block AT&T From Using 'You Have Mail' and Other
> Common Internet Terms
>
> BASKING RIDGE, N.J., Jan. 4 /PRNewswire/ -- A Federal District Court
> Chief Judge rejected an attempt by America Online to block AT&T
> WorldNet Service from using the phrase "You Have Mail."
>
> Additionally, the Judge rejected AOL's action to block AT&T from using
> "Buddy List" and "IM," two commonly used Internet terms. Both terms
> are used by the AT&T I M Here instant messaging service which is
> available free to AT&T WorldNet Service users.
>
> The ruling came in a hearing on AOL's request for a temporary
> restraining order and preliminary injunction. Unless AOL drops its
> suit, the claims will be considered on the merits at a later date.
> AT&T stated in court that AOL's claims could have significant negative
> implications for the entire Internet community, as well as for the
> open system on which it is based.
>
> At the December 24th hearing, Chief Judge Claude Hilton of the Federal
> District Court for the Eastern District of Virginia rejected AOL's
> claim, stating that AT&T made a compelling case that the terms "You
> Have Mail," "IM," and "Buddy List" were likely generic. With this
> suit, AT&T argued, AOL is attempting to assert proprietary ownership
> of common terms that are clearly within the public domain, and in
> broad usage throughout the Internet, particularly by ISPs and portals.
>
> "We're pleased that Judge Hilton has rejected this attempt by AOL to
> appropriate common Internet terms for its own exclusive use," said
> James Cicconi, AT&T's general counsel and executive vice president for
> law and government affairs. "This ruling helps all ISPs, Web companies
> and Internet users by recognizing that the common language of the Web
> is not owned by AOL or anyone else.
>
> "We realize this is just the first round, but AT&T is confident we
> will also prevail at trial," Cicconi added. "Moreover, we feel this
> sort of overreaching by one company raises serious concerns about
> whether AOL is truly committed to keeping the Internet an open
> platform, or whether it intends to leverage its dominance to make the
> Net more proprietary."
>
> AOL had filed for the temporary restraining order and preliminary
> injunction on December 22, claiming that it had exclusive rights to
> the terms, which are used to describe e-mail, instant messaging and
> other communications features commonly used by Internet users. With
> its request for emergency relief denied, AOL must now proceed with the
> case on a regular schedule.
>
> [TABLE NOT SHOWN]
>
>
> Source: PR Newswire
>
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>
Brent Wesley
B&H Consultants
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