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IODesign Files Suit Against CORE
- To: Becky Burr <firstname.lastname@example.org>, "email@example.com" <firstname.lastname@example.org>, email@example.com, firstname.lastname@example.org, email@example.com, Esther Dyson <firstname.lastname@example.org>, Mike Roberts <email@example.com>, firstname.lastname@example.org
- Subject: IODesign Files Suit Against CORE
- From: Jay Fenello <Jay@Iperdome.com>
- Date: Thu, 04 Nov 1999 03:20:39 -0500
- Cc: email@example.com, DOMAIN-POLICY@LISTS.INTERNIC.NET, firstname.lastname@example.org, email@example.com
FOR IMMEDIATE RELEASE:
Image Online Design Files Suit Against CORE
SAN LUIS OBISPO, November 4 /PRNewswire/ -- Image Online Design, Inc.,
"The .Web Internet Domain Registry(tm)" <www.webtld.com>, the longest
standing prospective registry for a new Top Level Domain, today announced
that it has filed suit against the Internet Council of Registrars (CORE)
in United States District Court.
The complaint alleges that CORE, despite knowing that IODesign had been
using the .WEB(tm) mark for its own domain registry services since 1996,
submitted an application for the same mark to the U.S. Patent and
Trademark Office. The complaint also alleges that CORE has been using
IODesign's .WEB(tm) mark for their own domain registry services,
misleading consumers as to the origin of these services. Together, the
complaint alleges that these actions constitute violations of Section
43(a) of the Lanham Act and unfair competition under California law. In
response, IODesign is seeking an injunction, cancellation of CORE's U.S.
trademark application, and compensatory, enhanced and punitive damages.
This is the first escalation in the so-called "domain name wars" since
the U.S. Government first intervened back in the summer of 1997. The
disputes began when a handful of small, industry pioneers were attacked
by supporters of the IAHC plan. Both sides ceased hostilities when the
U.S. Government started their public process. But now, amid charges of
process violations and other blatant abuses, the courts are once again
becoming the venue of choice.
"It's really a shame that we've had to resort to this" said John Frangie,
CEO of IODesign. "We have been working in good faith to resolve these
ongoing disputes, but we are now seeing legal action as the only way to
protect the assets that IODesign has pioneered. We'll probably see more
of these actions before all is said and done."
Despite today's announcement, IODesign remains encouraged with the latest
recommendations of Working Group C of the DNSO for an immediate expansion
of the name space. IODesign fully expects its .WEB(tm) Registry to be
among the first new Top Level Domains recognized by ICANN.
Last week, IODesign went on record by objecting to the more egregious
actions of the ICANN board, including comments from Mike Roberts that
competitive TLDs will not be considered. IODesign also objected to
ICANN's many process violations, including those that have allowed it to
adopt policies in direct contradiction to the public comments received.
Many of these concerns were echoed this week by the U.S. Small Business
IODesign has been involved in the debate since 1995, the year before the
IANA gave them the go-ahead for the .WEB(tm) TLD. Subsequently, IODesign
has participated in good faith through the various community based
efforts to expand the name space, including the IAHC process, and the
U.S. Government's RFC, Green and White Paper processes.
CONTACT: John Frangie
SOURCE: Fenello.com, Inc.