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RE: [ga] 4th Circuit Court of Appeals Reverses Barcelona.com Deci sion
"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?"
To the best of my knowledge, practice shows that an Internet site may be
deemed to market to the citizens of a given country if (i) the
corresponding website may be accessed from said country, (ii) if goods
or services may be delivered or purveyed to residents in said country,
and (iii) if the website has a version in the official language of said
country.
Atentos Saludos, Best Regards,
RODRIGO ORENDAY SERRATOS
-----Mensaje original-----
De: owner-ga@dnso.org [mailto:owner-ga@dnso.org] En nombre de
richard.hill@itu.int
Enviado el: Martes, 03 de Junio de 2003 07:29 AM
Para: froomkin@law.miami.edu
CC: john@johnberryhill.com; ga@dnso.org
Asunto: 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/
> > >
> > >
> > >
> > >
> > >
> > >
> > > --
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> > >
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> >
> >
>
> --
> 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
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