[Random-bits] Re: [Nc-tlds] BSF/Myers dispute over domain name for complaints

[Paul Levy]

Because we litigate in the area of trademark claims against internet =
speakers, I learned about this from someone who unsuccessfully sought our =
help.  I do hear about others from time to time.  Jamie, should  I post =
interesting decisions along these lines to the list?  It seems slightly =
off topic, thus my hesitation

Paul Alan Levy
Public Citizen Litigation Group
1600 - 20th Street, N.W.
Washington, D.C. 20009
(202) 588-1000
http://www.citizen.org/litigation/litigation.html

>>> James Love <love@cptech.org> 07/27/00 12:11AM >>>
Thanks to Hans Klein for this pointer:

---------------------
From: jackmyers@peoplepc.com=20
Date: 26 Jul 2000 07:21:28 -0700
To: Labornet@labornet.org=20
Cc: laborlink@excite.com=20
Subject: Pennsylvania Man Wins Internet Dispute With BFS, Inc.

Press Release

Mr. Jack Myers (my father) has won his domain name dispute battle at the
WIPO with Bridgestone-Firestone.

The World Intellectual Property Organization in Switzerland (see=20
www.wipo.org) has voted to allow Mr. Myers, a former employee of BFS, to
keep www.bridgestone-firestone.net, a complaint site directed at  BFS.

This decision has set a precedent for complaint sites to be legally=20
established at non "dot.com" sites while using the target company name
for the domain name.  Previously, use of a company's mark in the domain
name was grounds for having the domain name transferred to the company.

Mr. Myers, from Norwood,PA claimed that the site was protected under
free speech and that he used the company's name and marks for the
purposes of news reporting and commentary. Mr.  Myers, now a 66 year-old
retiree, was not represented by counsel.

BFS, a $19 billion per year in sales company represented by the
international law firm of Jones, Day, Reavis, and Pogue, maintained that
the site confused potential customers as to the source of sponsorship,
and that the domain name "bridgestone-firestone.net" diluted the
company's marks and tarnished its reputation.

At the center of the dispute is Mr. Myers' claim that the company forced
him to sign of waiver of criminal charges in order to receive severance
pay, sick pay, and unused vacation pay when his Philadelphia store
location was closed in 1988 and later reopened with non-union workers.=20
Also, that the company backdated the store termination agreement in
order to deprive Mr. Myers of early retirement benefits due upon
reaching the age of 55.

For more details about this dispute, see www.bridgestone-firestone.net.

BFS' web site is at www.bridgestone-firestone.com.

The text of the WIPO decision can be read at www.WIPO.org.  See
Internet  Domain Names, Domain Name Disputes, Cases/Decisions. This is
case D2000-0190. Click on the WORD file to read the document.

For more information, you can EMail me at=20
jackmyers@peoplepc.com=20
and my father at BetRjack@AOL.com=20


Jack Myers



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