>http://www.news.com/News/Item/0,4,0-40897,00.html > >Court OKs some domains with trademarked names > By Dan Goodin > Staff Writer, CNET News.com > August 24, 1999, 5:40 p.m. PT > The complete Opinion is posted at: >http://www.ce9.uscourts.gov/web/newopinions.nsf/f606ac175e010d64882566eb0065811 >8/04a35134bff267ca882567d60065ee63?OpenDocument The salient text, IMHO although IANAL, is: All relevant evidence on the record tends to establish that both "Avery " and "Dennison" are commonly used as trademarks, both on and off of the Internet, by parties other than Avery Dennison. This evidence is relevant because, when "a mark is in widespread use, it may not be famous for the goods or services of one business. and: The record includes copies of five trademark registrations for "Avery" and "Averys," a computer printout of a list of several businesses with "Avery" in their names who market products on the Internet, and a list of business names including "Avery," which, according to a declaration submitted by NSI, is a representative sample of over 800 such businesses. The record also contains a computer printout of a list of several businesses with "Dennison" in their names which market products on the Internet and a list of business names including "Dennison," a representative sample of over 200 such businesses. Such widespread use of "Avery" and "Dennison" makes it unlikely that either can be considered a famous mark eligible for the dilution cause of action. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ Ellen Rony The Domain Name Handbook Co-author ____ http://www.domainhandbook.com ========================== ^..^ )6 ============================= ISBN 0879305150 (oo) -^-- +1 (415) 435-5010 [EMAIL PROTECTED] W W Tiburon, CA DOT COM is the Pig Latin of the Information Age ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
