CBS Fails to Hijack Domain

Ambush writes, "Finally, a sensible decision...An effort by CBS to claim for itself the right to use the Web address tnn.com for its The Nashville Network has been rejected by a federal judge in Los Angeles." The judge lays down the law: "Unlikely indeed is the hapless Internet searcher who, unable to find information on the schedule of upcoming NASCAR broadcasts or "Dukes of Hazzard" reruns, decides to give up and purchase a computer network maintenance seminar instead." See also their press release.

Comments

Informative, Slightly Redundant Fourth Post (!)

[Anonymous Coward]

T N N
W I N S
L A N D M A R K
I N T E R N E T
D O M A I N
N A M E
D E C I S I O N
A G A I N S T
C B S

The NETWORK Network has successfully defended its domain name against CBS and The Nashville Network. Taking on a media giant like CBS was a daunting task, but with the help of our attorney, Mr. Thomas E. Shardlow, we were able to survive the 2 year legal battle. Our attorney has taken the position in court that CBS's position in this litigation was "groundless and unreasonable" (see Motion for Attorney's Fees below). United States District Judge Nora M. Manella agreed, and handed CBS a stinging defeat with comments like:

"Unlikely indeed is the hapless Internet searcher who, unable to find information on the schedule of upcoming NASCAR broadcasts or "Dukes of Hazzard" reruns, decides to give up and purchase a computer network maintenance seminar instead."

CBS in their filings with the court claimed that the domain name was rightfully theirs given that the television industry relies on call letters to identify themselves and that the call letters should apply to television and now with the medium now spilling over to the Internet, the same should apply. They also claim that there is a matter of trademark dilution at stake because without the domain name they are "completely eliminated" from identifying their goods and services on the Internet and puts them at a "critical disadvantage" in the "highly competitive television industry."
United States District Judge, Nora M. Manella completely disagreed with CBS, and concluded:

"Nashville's (The Nashville Network) claim may be reduced to the argument that because its three initial registered mark is now famous, and would be the most convenient website name for The Nashville Network, it should be entitled to enjoin The Network Network from using the same three initials as part of the domain name it registered nearly half a dozen years ago and has been using continuously ever since--a domain name based on Network's prior use in commerce of the same three initials since 1989. The fact that Nashville missed its opportunity to select the domain name it would now like to have is not sufficient to state a claim of infringement under the federal trademark law, particularly were, as here there can be no genuine risk of confusion--initial or otherwise--by any consumer of reasonable prudence, and no argument that Network has sought or is now seeking to trade on Nashville's good name."

All of this is at: http://www.tnn.com/media/default.htm

Rationality?

[Anonymous Coward]

Finally, judges who don't have their heads up their asses...

-- Ender, Duke_of_URL

Heh heh heh.

[pb]

Excellent.

It's about time we saw a *sane* legal ruling about the internet and their domains.

(If I see *one* more "illegal to link to my content" website, I'm gonna scream, and then make a page that <A HREF="">'s all of the popular sites on the internet...)
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pb Reply or e-mail; don't vaguely moderate.