Pennsylvania Man Wins Trademark Internet Dispute With
Mr. Jack Myers (my father) has won his domain name dispute battle at the
WIPO with Bridgestone-Firestone.
The World Intellectual Property Organization in Switzerland (see
directed at BFS.
This decision has set a precedent for complaint sites to be legally
established at non "dot.com" sites while using the target
company name for the domain name.
Previously, use of a company's mark in the domain name was grounds for
having the domain name transferred to the company.
Mr. Myers, from Norwood,PA claimed that the site was protected under free
speech and that he used the company's name and marks for the purposes of
news reporting and commentary. Mr. Myers, now a 66 year-old retiree, was
not represented by counsel.
BFS, a $19 billion per year in sales company represented by the
international law firm of Jones, Day, Reavis, and Pogue, maintained
that the site confused potential customers as to the source of
sponsorship, and that the domain name
diluted the company's marks and tarnished its reputation.
At the center of the dispute is Mr. Myers' claim that the company forced
him to sign of waiver of criminal charges in order to receive severance
pay, sick pay, and unused vacation pay when his
Philadelphia store location was closed in 1988 and later reopened with
non-union workers. Also, that the company backdated the store termination
agreement in order to deprive Mr. Myers of early retirement benefits due
upon reaching the age of 55.
The text of the WIPO decision can be read at www.WIPO.org
See Internet Domain Names, Domain Name Disputes, Cases/Decisions. This is
case D2000-0190. Click on the WORD file to read the
and my father at BetRjack@AOL.com