Dorsey & Whitney Wins Unique "Cybersquatting" Case for Harrods Limited.Business Editors/Legal Writers NEW YORK New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of & WASHINGTON, D.C.--(BUSINESS WIRE)--July 2, 2001 Harrods Ltd. Vs. 60 Internet Domain Names: Landmark case protects London's famous Harrods brand The U.S. District Court in Alexandria, Virginia Alexandria is an independent city in the Commonwealth of Virginia. As of the 2000 census, the city had a total population of 128,284. Located along the Western bank of the Potomac River, Alexandria is approximately 6 miles (9.6 kilometers) south of downtown Washington, DC. has ruled that an Argentine company must turn over 60 registered Internet domain names to the London-based Harrods department store. The case is the first in rem [Latin, In the thing itself.] A lawsuit against an item of property, not against a person (in personam). An action in rem is a proceeding that takes no notice of the owner of the property but determines rights in the property that are conclusive against all the action (a legal action against a thing--the domain names themselves--rather than a person or corporation) to go to trial under the 1999 Anticybersquatting Consumer Protection Act The Anticybersquatting Consumer Protection Act (also known as Truth in Domain Names Act), a United States federal law enacted in 1999, is part of A bill to amend the provisions of title 17, United States Code, and the Communications Act of 1934, relating to copyright (ACPA ACPA American Chronic Pain Association ACPA American College Personnel Association ACPA Anticybersquatting Consumer Protection Act ACPA American Concrete Pavement Association ACPA American Cleft Palate-Craniofacial Association ACPA American Concrete Pipe Association ). The ACPA is intended to protect the public from bad-faith or abusive registration of Internet domain names. Represented by attorneys from Dorsey & Whitney LLP's Washington, D.C. and New York offices, Harrods sued to stop the use of domain names that it alleged were violating its world famous Harrods trademark. Harrods brought suit in Virginia federal court against the domain names themselves, which the Argentine company registered with Network Solutions in Herndon, Virginia Herndon is a town in Fairfax County, Virginia, United States. The population was 21,655 at the 2000 census, which makes it the largest of three towns in the county.[1] History . The ACPA permits such suits in the federal court for the jurisdiction where the domain names were registered. The June 27 ruling by judge Leonie Brinkema Leonie M. Brinkema (born 1944, in Teaneck, New Jersey) is a United States District Court judge, in the Eastern District of Virginia. From Dutch descent, judge Brinkema received her B.A. , was issued after a three-day trial. The Argentine company claimed, among other things, that it had rights in South America South America, fourth largest continent (1991 est. pop. 299,150,000), c.6,880,000 sq mi (17,819,000 sq km), the southern of the two continents of the Western Hemisphere. to the name Harrods and therefore its registration of the domain names could not violate the ACPA. "We are pleased that the court understands and upholds the significance and sanctity of Harrods' reputation and image by prohibiting others from registering domain names that infringe upon our worldwide rights to the Harrods name," said Jeffrey Byrne, legal director of Harrods Limited. The 60 domain names at issue include names that attach "Harrods" to a variety of services or goods offered by Harrods Limited, like banking services, toys, games, insurance, travel-related services, entertainment, and others. For example, among the names at issue were harrodsstore.com, harrodsshopping.com, and harrodsbank.com. "Famous marks enjoying widespread and international recognition -- like Harrods -- will be protected on the Internet even against foreign nationals claiming trademark rights in their own country," said Lile Deinard, Dorsey attorney and Harrods' U.S. intellectual property counsel. "This case sends a clear message that trademark rights on the Internet will be protected." "This case rejects simplistic sim·plism n. The tendency to oversimplify an issue or a problem by ignoring complexities or complications. [French simplisme, from simple, simple, from Old French; see simple and self-serving claims of a registrant that it was acting in good faith and had a legitimate reason to register domain names incorporating the trademarks of other companies," added Ralph Taylor, Washington, D.C., the Dorsey trial attorney for Harrods in this case. "Rather, the courts will assess such claims against the totality of the circumstances in determining whether the names were registered with a bad faith intent to profit." Harrods was established in 1849 by Charles Henry Harrod Noun 1. Charles Henry Harrod - English merchant who took over a shop in London that was expanded by his son into a prestigious department store (1800-1885) Harrod . It is an independent, family-owned business run by chairman Mohamed Al Fayed. The Harrods Ltd. motto is Omnia, Omnibus, Ubique - all things for all people, everywhere. Groceries, banking, investment and travel services, and real estate are some of the many services and goods provided by Harrods Ltd. About Dorsey & Whitney Dorsey & Whitney (www.dorseylaw.com) is an international law firm with more than 700 lawyers in Minneapolis, New York, Washington, D.C., Denver, Seattle, London, Brussels, Hong Kong, Tokyo, Shanghai and ten other U.S. regional offices. One of the world's largest firms, Dorsey & Whitney has experienced strong growth worldwide--almost doubling in size during the last four years. In recent years, Dorsey & Whitney has bolstered its traditional strength in corporate finance and commercial litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. with a strategy focused on meeting the growing needs of its clients in international business and technology. The firm has enhanced its capabilities in patent, trademark, licensing and intellectual property disputes, as well as in international business transactions and financing. |
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