Re: DEC vs AltaVista

Jamie Powers <Jamie[_at_]srgpe.com> 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.
>
> The action by DEC against a small California company has more to it
> than what you mention. This software company used Alta Vista as an
> identifier for their business before Digital's search service was
> launched. In filings with the Patent and Trademark Office, DEC
> claims a date of first use of December 14, 1996, subsequent to Alta
> Vista's adoption of the term to describe their programming services
> company.
>
> In trademark parlance, Alta Vista is the senior user and DEC the
> junior.
>
> In March, 1996 DEC actually licensed the term from them (which I
> believe DEC may now regret because it may bolster Alta Vista's claim
> of trademark ownership).

Actually, according to the district court's opinion, DEC *purchased* (rather than leased) all rights to the mark from Alta Vista, and then leased certain rights back to Alta Vista. This is a very significant distinction and reverses the "senior user-junior user" relationship to which Jamie refers.

Sandra Greiner
<sg1[_at_]ix.netcom.com> Received on Thu May 29 1997 - 13:09:35 GMT