<<<
Chronological Index
>>> <<<
Thread Index
>>>
RE: [ga] 4th Circuit Court of Appeals Reverses Barcelona.com Deci sion
Michael,
Your comments make sense to me.
Re 1, I presume that the Spanish court would have jurisdiction over a US
firm if the US firm markets in Spain to residents of Spain? Which then
raises another complicated question: "When can it be deemed that an Internet
site is marketing to the citizens of country X?" That is, what sorts (if
any) of country-specific actions are required?
Best,
Richard
> -----Original Message-----
> From: Michael Froomkin - U.Miami School of Law
> [mailto:froomkin@law.miami.edu]
> Sent: Tuesday, 03 June 2003 14:24
> To: richard.hill@itu.int
> Cc: john@johnberryhill.com; ga@dnso.org
> Subject: RE: [ga] 4th Circuit Court of Appeals Reverses Barcelona.com
> Deci sion
>
>
> Well, only a little complicated, maybe? trademark is territorial and
> always has been. The Spanish court
>
> 1. might not have personal jurisdiction over a US firm marketing to US
> clients
>
> 2. even if it did, wisely might not exercise it under forum
> non conveniens
>
> 3. even if exercised jurisidiction, would rule about the use
> of the name
> *in spain*
>
> 4. injunctive relief would risk hitting the first amendment (cf. Yahoo
> case....); damages would fall under well established principles of
> enforcement.
>
> 5. Note, however, that any claim in Spain would be a traditional
> infringement claim -- NOT a claim for ownership of the domain
> name. And
> that's exactly as it should be.
>
> On Tue, 3 Jun 2003 richard.hill@itu.int wrote:
>
> > Under US law, says the US court.
> >
> > But what about Spanish law? Not applicable in US court,
> because of ACPA and
> > the general principle of territoriality of trademark law,
> says the US court.
> >
> > However, I suppose, the City Council of Barcelona could
> bring an action in
> > Spanish courts, under Spanish law, if it felt that the
> activities exercised
> > under the disputed domain name were violating Spanish law in Spain.
> >
> > If such an action suceeded in Spain, then the question of
> whether or not the
> > Spanish court's decision could be enforced in the US is probably a
> > complicated question.
> >
> > Best,
> > Richard Hill
> >
> >
> >
> > > -----Original Message-----
> > > From: John Berryhill Ph.D. J.D. [mailto:john@johnberryhill.com]
> > > Sent: Monday, 02 June 2003 22:43
> > > To: [GA]
> > > Subject: [ga] 4th Circuit Court of Appeals Reverses Barcelona.com
> > > Decision
> > >
> > >
> > >
> > > As if anyone needed to know, "Barcelona" is not a trademark
> > > of the City of
> > > Barcelona:
> > >
> > > http://pacer.ca4.uscourts.gov/opinion.pdf/021396.P.pdf
> > >
> > >
> > > It looks like an update will be needed here to avoid false
> > > advertising:
> > > http://www.oblon.com/barcelona/
> > >
> > >
> > >
> > >
> > >
> > >
> > > --
> > > 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
> > >
> > --
> > 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
> >
> >
>
> --
> Please visit http://www.icannwatch.org
> A. Michael Froomkin | Professor of Law | froomkin@law.tm
> U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
> +1 (305) 284-4285 | +1 (305) 284-6506 (fax) | http://www.law.tm
> -->It's hot here.<--
>
--
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
<<<
Chronological Index
>>> <<<
Thread Index
>>>
|