9th cir affirms skunkworks case 3-0

[Jim Kingdon]

> Where domain names are used to infringe, the infringement does not result
> from NSI's publication of the domain name list, but from the registrant's
> use of the name on a web site or other Internet form of communication in
> connection with goods or services

Sounds like a good decision to me.

Now if the trademark freaks would only start to understand trademark
law as well as this court...

[Richard J. Sexton]

9th Circuit holds that NSI can't be sued for contributory infringement
because provision of a domain name is a "service" not a "product" and
hence outside Lanham Act. Lockheed Martin Corp. v. Network Solutions, Inc.
, --- F.3d ----, 1999 WL 965618 (9th Cir.(Cal.), Oct 25, 1999) (NO.
97-56734) [not yet on findlaw....]

"The case at bench involves a fact pattern squarely on the "service" side
of the product/service distinction suggested by Inwood Lab and its
offspring. All evidence in the record indicates that NSI's role differs
little from that of the United States Postal Service: when an Internet
user enters a domain-name combination, NSI translates the domain-name
combination to the registrant's IP Address and routes the information or
command to the corresponding computer. Although NSI's routing service is
only available to a registrant who has paid NSI's fee, NSI does not supply
the domain-name combination any more than the Postal Service supplies a
street address by performing the routine service of routing mail."

"Where domain names are used to infringe, the infringement does not result
from NSI's publication of the domain name list, but from the registrant's
use of the name on a web site or other Internet form of communication in

connection with goods or services.... NSI's involvement with the use of
domain names does not extend beyond registration"

[dicta also suggests the court is very suspicious of the existence of
"contributory dillution"]

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Richard Sexton | ric...@tangled.web | http://dns.vrx.net/tech/rootzone
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Bannockburn, Ontario, Canada, 70 & 72 280SE, 83 300SD +1 (613) 473-1719

[Richard J. Sexton]

>Sounds like a good decision to me.
>
>Now if the trademark freaks would only start to understand trademark
>law as well as this court...

What he said. They nkow trademark law but pretend to forget
it when asking for more protection than they're entitled to under
the law.