[Random-bits] newyorktimes.com

[James Love]

This is a bit on the dispute involving the newyorktimes.com
(http://www.newyorktimes.com/) dispute.  The page is supposed to be
offering comment and criticsm of the New York Times, but there isn't
much of this on the newyorktimes.com web page.  What one does see are
banner ads for web hosting, and background on the dispute, including in
particularly info here:

	http://www.newyorktimes.com/legal.html or

	http://www.newyorktimes.com/developements.html


  Jamie


from the "developments" page:

SUMMARY OF EVENTS

        January 1994: The New York Times Company ("NYT") chooses the
domain name nytimes.com as its web address, foregoing all other domain
names available.

       June 1996: NYIS registers the domain name newyorktimes.com 2-1/2
years after NYTs' ignoring this domain name while it was available.

       November 1996: NYT writes to NYIS, alleging infringement of its
trademark rights, objecting to its "registration and use of this domain
name" while in the same paragraph acknowledging that "the domain name is
not in use" and threatening "legal proceedings" and "civil action in the
United Stated District Court".

       January 1997: NYIS responds to NYT's letter, stating that "the
Registrant's proposed non-commercial use of the Domain Name will not
cause confusion by leading the public to believe that the Registrant is
somehow affiliated with or that its services are offered by, sponsored
or approved by your client." In an effort to address NYT's concerns NYIS
proposes to post the following disclosure on its site: "This site is in
no way affiliated with, offered, sponsored or approved by the New York
Times" or an alternate language agreeable to NYT.

      February 1996: NYT, by merely "alleging" trademark infringement to
NSI places the domain name on "hold", whereby no party is able to use
it. NYT, despite all its legal and financial resources does not take
legal action as it knows that US trademark laws do not support its
position: "the mere registration of a domain name does not constitute a
commercial use."(Lockheed Martin Corp. v. Network Solutions, Inc) and
"the mere fact that a person registered a SKUNK WORKS or a variation
thereof as a domain name does not mean that the person infringed or
diluted Lockheed's mark." (Lockheed Martin Corp. v. NSI, 43 U.S.P.Q.2d
1056, 1997 U.S. Dist. Lexis 10314, 1997 WL 381967 (C.D. Cal. 1997) Its
best course of action is to take advantage of NSI's biased dispute
resolution policy.

         June 2000: Recognizing its flawed domain dispute policy NSI
changes its policy and removes the domain name from "hold".

      July 2000: As originally stated in its response to NYT, NYIT
begins using the domain name for non-commercial purposes, namely for
commentary and expression of opinions. Disclosure statements appear
prominently on top of the web page along with a link to NYT's site.

        August 2000: Once again recognizing that the US trademark laws
do not support its position, NYT seeks to take advantage of WIPO's
biased dispute resolution history which, in conflict with the Policies
set forth by ICANN, favors trademark holders.  Although ICANN's UDRP
requires "commercial-use" of a domain (or non-use as an indication of
commercial intent) WIPO has repeatedly ignored this requirement,
misinterpreting the UDRP as well as US trademark laws. Although WIPO is
pledged to being impartial, it shamelessly boasts about its
pro-trademark holder position in its statistics page, offering a better
than 4 to 1 odd for trademark holders.

          The WIPO web site states that domain name registration and use
is permitted: "if the Respondent is making a legitimate non-commercial
or fair use of the Domain Name, without intent for commercial gain
misleadingly to divert consumers or to tarnish the trademark(s) or
service mark(s) at issue." Notice that any non-commercial use is
legitimate, without regards to the specific nature of use and personal
taste of a WIPO  panelist, weather fair-use or not, as long as there is
no "intent for commercial gain".

  [snip]


=======================================================
James Love, Director           | http://www.cptech.org
Consumer Project on Technology | mailto:love@cptech.org 
P.O. Box 19367                 | voice: 1.202.387.8030
Washington, DC 20036           | fax:   1.202.234.5176
=======================================================