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Alaska Airlines.Com
Showdown at the Domain Name Corral: Property Rights and Personal Jurisdiction over Squatters, Poachers, and other Parasites
In fact, dilution should be a harder claim for true twins toassert. The Intermatic court, while dealing with squatters, suggestsin dictum that dilution is not actionable in cases involving use by twins:"[t]his is not a situation . . . by competing partiesand a race to the Internet between them ." (405) The court noted that an example of "parties who have actively usedthe same name in their business [is the use of the] term 'United' by UnitedAirlines, United Van Lines, United Mineworkers Union and the United Way." (406) This example strongly suggests that when the dispute involves twins, dilution should not always apply even if the plaintiff is famous.Relevant factors courts should use in determining the outcome include therelative fame of each trademark, the similarity of the products, and theresemblance of the domain name to each party's actual trademark. (407) Although United Airlines should be allowed to enjoin "unitedair.com"and ... [Read More]
Showdown at the Domain Name Corral: Property Rights and Personal Jurisdiction over Squatters, Poachers, and other Parasites
In fact, dilution should be a harder claim for true twins toassert. The Intermatic court, while dealing with squatters, suggestsin dictum that dilution is not actionable in cases involving use by twins:"[t]his is not a situation . . . by competing partiesand a race to the Internet between them ." (405) The court noted that an example of "parties who have actively usedthe same name in their business [is the use of the] term 'United' by UnitedAirlines, United Van Lines, United Mineworkers Union and the United Way." (406) This example strongly suggests that when the dispute involves twins, dilution should not always apply even if the plaintiff is famous.Relevant factors courts should use in determining the outcome include therelative fame of each trademark, the similarity of the products, and theresemblance of the domain name to each party's actual trademark. (407) Although United Airlines should be allowed to enjoin "unitedair.com"and ... [Read More]
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