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This text originally appeared at http://www.2600.org/news/2000/0508.html.
VERIZON ATTACKS CRITICAL DOMAIN NAMES
05/08/00
If there was ever clear evidence that we're rapidly losing our right to
express ourselves, we just got it in the mail.
As many of you know, the new name for the company formed by the merger of
Bell Atlantic and GTE is Verizon. You may have already started to see ads
for Verizon Wireless. Soon, this will be the name of the local phone
company for millions of people.
We decided it would be a good idea to register verizonsucks.com because,
if our experience with past phone companies is any indication, Verizon
will in all probability be thought of in this way in the near future. But
we didn't move fast enough. Apparently, Verizon realized this was going to
happen and they went and had their lawyers register verizonsucks.com
themselves! (The logic of owning a site that says your business sucks
really escapes us.)
We did the next best thing and registered verizonREALLYsucks.com. We kept
the domain in reserve for when we might need it. That day has come.
On Friday, a certified letter was sent to 2600 by Bell Atlantic demanding
that we turn this domain over to them or face the consequences. In an
absurd twisting of logic, they claimed that we were violating the new
"Anticybersquatting Act" by owning this domain. This corporate abuse makes
it quite clear how such laws turn into an open invitation to trample on
the rights of individuals. When written, this law was designed to protect
companies against those who would register their name and hold it for
ransom. But this is a statement, an OPINION, one which in no way would be
confused with the actual name of the company.
The tactic is clear. Verizon intends to go after anyone who criticizes
them on the net, abusing the intent of this law to accomplish their
goal. We cannot allow this. We call on INDIVIDUALS around the world to
criticize Verizon on as many domain names as possible and to exercise your
rights to free speech aggressively since we are in real danger of having
them wiped from the net entirely.
Just for the fun of it, we've gone and registered
VerizonShouldSpendMoreTimeFixingItsNetworkAndLessMoneyOnLawyers.com. We
look forward to seeing their legal threat for THAT one. (This domain uses
the new 63 character maximum length name - some browsers may complain
about this.)
We understand that corporate threats can be very intimidating and
effective. If you find yourself in a position where your right of
expression is being challenged and you don't have the means to defend
yourself, you can turn the offending domain name over to us and we will
stand up for your rights.
We find ourselves facing no fewer than five lawsuits at the moment in what
can only be interpreted as a last ditch attempt by corporate America to
take us out of the picture once and for all. Please help us by showing
your support and spreading the word. We will not and cannot back down on
such an important matter.
Verizon's letter:
Sarah B. Deutsch
Vice President and Chief Intellectual Property Counsel
Bell Atlantic Network Services, Inc.
1320 North Court House Road
8th Floor
Arlington, Virginia 22201
703 974-8450 - Telephone No.
703-974-0783 - Facsimile
May 5, 2000
VIA CERTIFIED MAIL -
RETURN RECEIPT REQUEST
AND EMAIL
EMAIL ADDRESS: emmanuel@2600.com
Mr. Emmanuel Goldstein
2600 Enterprises
P.O. Box 848
Middle Island, NY 11953
RE: Unauthorized Use of the Verizon Name and Mark in the Domain Names
VERIZONREALLYSUCKS.COM
Dear Mr.Goldstein:
I represent Bell Atlantic Corporation (hereinafter “Bell Atlantic”) and
its subsidiaries, which own the rights to use the BELL and BELL ATLANTIC
trademarks. Bell Atlantic owns the “VERIZON” trade mark and service
mark. It has recently come to my attention that you have registered the
domain name VERIZONREALLYSUCKS.COM incorporating the “VERIZON” mark
referenced above. This letter is to inform you that your registration
and/or use of these domain names infringes Bell Atlantic’s valuable
trademark rights in the “Verizon” mark and violates the new
Anticybersquatting Consumer Protection Act (the “Anticybersquatting Act”).
Accordingly, unless you immediately agree to take the steps set forth
below, including ceasing any use of the “Verizon” and “Bell Atlantic”
marks and transferring the domain name VERIZONREALLYSUCKS.COM to Bell
Atlantic, Bell Atlantic intends to proceed under the federal Trademark
Act, including the Anticybersquatting Act, by filing suit to protect its
rights in federal court.
Bell Atlantic is the exclusive owner of the “VERIZON” mark and name and
has licensed the “VERIZON” mark and name to a wireless telecommunications
company named “Verizon Wireless” that combines the U.S. wireless
properties of Bell Atlantic and Vodafone AirTouch. “Verizon Wireless” –the
country’s largest wireless communications provider commenced business
earlier this month, and has been the subject of an intensive media
campaign including television, radio and print advertising. Bell Atlantic
has also announced, on the Web site www.verizon.com that, pending FCC
approval, “Verizon” will become the name of the new company formed by its
merger with GTE Corporation. Our client is investing substantial sums of
money in promoting the “Verizon” brand and company. On behalf of Bell
Atlantic, its agents have registered hundreds of domain names
incorporating “Verizon” and variations thereof. Through these efforts,
“Verizon” is rapidly becoming famous nationwide, and the public is already
associating this name and mark exclusively with our client and the
telecommunications services that it offers. In short, such use and/or
registration by your company constitutes acts of trademark infringement,
unfair competition and dilution in violation of Sections 32(a), 43(a) and
43(c) of the federal Trademark Act, 15 U.S.C. §§1114, 1125(a) and (c).
Moreover, your registration and/or use of the domain name
VERIZONREALLYSUCKS.COM also violates the new Anticybersquatting Consumer
Protection Act, enacted into law on November 29, 1999, and codified in
Section 43 (d) of the federal Trademark Act, 15 U.S.C. § 1125 (d). This
new legislation makes explicit what has been implicit in the federal
Trademark Act: it expressly prohibits the registration of a domain name
confusingly similar to or dilutive of a mark. Specifically, this new law
makes illegal the bad faith misappropriation of trademarks as domain
names. Relief available under this law may include forfeiture of an
infringer’s domain name, transfer of that name to the rightful trademark
owner, and awards of actual damages, statutory damages of up to $100,000
per domain name, costs and attorneys fees. Bell Atlantic would like to
resolve this matter amicably, without resort to litigation, but only if
you immediately comply with Bell Atlantic’s demands. By no later than May
22, 2000, please (1) complete and return to my attention, by overnight
mail, the enclosed form, fully completed, signed and notarized,
transferring the domain name VERIZONREALLYSUCKS.COM to Bell Atlantic; and
(2) verify in writing that you will permanently cease, and refrain from
all future use of, the mark “Verizon” or any mark or name confusingly
similar thereto, whether as a domain name, company name, trademark or
otherwise. If we do not hear from you by that date, Bell Atlantic will
take all necessary actions to protect its valuable trademark rights.
Nothing in this letter should be construed as a waiver, relinquishment or
election of rights or remedies by Bell Atlantic. Bell Atlantic expressly
reserves all rights and remedies under all applicable federal and state
laws.
Sincerely,
Sarah B. Deutsch
Vice President and Chief
Intellectual Property Counsel
Enclosures
bcc: TAC members
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