Re: DEC vs AltaVista

Tim Hughes <thughes[_at_]gtlaw.com.au> wrote:
>
> In late 1996 Digital filed suit against AltaVista Inc in the US
> District Court in Massachusetts arguing that . alleges that ATI's Web
> site confuses Internet users and advertisers as to the source of the
> AltaVista Internet search service.
>
> Does anyone on this list have more information about this action?

Digital Equipment Corp. v. Altavista Technology Inc., Civil Action No. 96 12192NG (D.Mass., 3/12/97): Plaintiff Digital Equipment, operator of the AltaVista search engine, purchased all rights to the AltaVista name from defendant Altavista Technology, then licensed back the name rights for certain limited purposes, including Altavista's continued use of the "altavista.com" domain name. Digital's lawsuit, filed in Massachusetts, alleging that Altavista is in breach of the terms of the license, was challenged on jurisdictional grounds. The court held that jurisdiction was proper in Massachusetts since, in addition to its Web site, Altavista also entered into a contract in Massachusetts; allegedly breached that contract, causing harm in Massachusetts; solicits advertising and sells products in Massachusetts; has sold products from its Web site to Massachusetts residents; and allegedly infringed Digital's ALTAVISTA trademark, causing confusion in Massachusetts. "To import traditional territorial concepts on the commercial uses of the Internet has dramatic implications," said the court; but the wide range of contacts kept the court from reaching the more troublesome issue of personal jurisdiction predicated solely on a Web site.

Opinion at:

   http://www.bna.com/e-law/cases/alta.html

As far as I know, the merits of the case in chief have not yet been decided.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Wed May 28 1997 - 18:21:15 GMT