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Veteran unicom.com owner sued by firm with new Unicom trademark
- Date: Tue, 08 Jan 2002 00:16:12 -0500
- To: politech@politechbot.com
- Subject: FC: Veteran unicom.com owner sued by firm with new Unicom trademark
- From: Declan McCullagh <declan@well.com>
- Cc: chip@unicom.com, postmaster@unicomsi.com, webmaster@unicomsi.com
---
Date: Sat, 05 Jan 2002 12:11:41 -0600
From: Ray Schafer <ray@theschafers.org>
To: Declan McCullagh <declan@well.com>
Subject: Reverse Cybersquating
Declan,
I thought that this would be of interest to you or your readers. Chip
Rosenthal has an interesting fight on his hands. He has registered and has
been using the domain name "UNICOM.COM" since 1990 - well before the World
Wide Web even existed here. A California company - also doing business as
Unicom - wants the domain name and attempting to commandeer it by alleging
that Chip is engaging in Cybersquating. (In fact he is not - the domain
name is not for sale). It wasn't until 1997 that the California firm
registered a trademark of a Typed Drawing of "Unicom" (SN#75311390), Words
in Stylized Form: "Unicom Systems, Inc. Corporation California"
(SN#75311438) and a Typed Drawing of "Unicom Systems" (SN#75311386). They
now want the domain name "UNICOM.COM" that Chip has been using. A legal
battle is underway. Here is an excerpt from the Defendant's (Chip's) motion
to dismiss:
This case boils down to whether a little known corporation, which obtained
a federal trademark registration long after Defendant began using his
domain, can leverage the trademark by forcing Defendant to give up his
domain name without regard to the facts or the law.
- Defendant's Motion to Dismiss, pp. 7-8
Chip has the whole thing documented on his web site:
http://save.unicom.com. Chip has been an active contributor to Usenet and
as a programmer, has contributed as part of the development team to the
popular Unix mailer, Elm.
Ray Schafer
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