Re: DEC vs AltaVista

On 5/28/97, Robert Cumbow <cumbr[_at_]perkinscoie.com> wrote:
>
> 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.

Same opinion, Bob, the court went on to issue the preliminary injunction on finding that ATI had likely breached the license agreement by using the AltaVista mark on its website other than as permitted by the license agreement. In addition, since its use wasn't protected by the license agreement, DEC was likely to prevail on its trademark infringement claim.

John Noble
<jnoble[_at_]dgsys.com> Received on Thu May 29 1997 - 19:25:25 GMT