Re: [ga] 4th Circuit Court of Appeals Reverses Barcelona.com Decision

["John Berryhill Ph.D. J.D." <john@johnberryhill.com>]

>  The one thing that I have gained increased knowledge of over the years
> is that legal system does not have to be rewritten because of the Internet.

Bingo.

At one point, Mr. Weinstein, arguing on behalf of the city, raised the
prospect of the US becoming a haven for cybersquatters if the court failed to
apply Spanish law.  Judge Motz was intrigued by this and asked "Hasn't it
always been true" that a party in the US could appropriate a foreign mark for
use here, if there were no rights pertaining to the mark.  Mr. Weinstein
waffled a bit, and Judge Motz said, "There are tons of cases on that."

Mr. Weinstein argued that because the internet is a global computer network,
that it deserves some sort of special treatment.  Judge Wilkinson then made a
very sharp comment to the effect of "Simply because you have a global
computer network does not change US law."




--
This message was passed to you via the ga@dnso.org list.
Send mail to majordomo@dnso.org to unsubscribe
("unsubscribe ga" in the body of the message).
Archives at http://www.dnso.org/archives.html