[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/).
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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]
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> 
>    Source: PR Newswire
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Brent Wesley
B&H Consultants







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