Subject: All that Jazz From: elawyer@interport.net (Enrique Gili) Date: Fri, 13 Sep 1996 12:14:23 -0400 (EDT)

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 Judge Sidney Stein presiding over the US District Court of New York has
 granted a motion to dismiss a trademark infringement lawsuit against a
 Web site  operator for lack of personal jurisdiction.

 The owners of the famed  Blue Note jazz club in Greenwich Village
 filed suit against the Blue Note music club of Columbia Mo., for
 trademark infringement for operating a Web site under the same name.
 The  Blue Note Missouri club owners countered by moving to dismiss for
 lack of personal jurisdiction, arguing they had  no contacts with
 the metropolitan area other  than the fact that the Web site could be
 viewed in New York.

 Judge Stein agreed, finding that a mere Web presance that is  not enough
 to sustain personal juridiction and dismissed  the case.

 In all likelihood, the Blue Note (New York) shall refile suit in Missouri.
 The ramifactions of such a trial could be devasting to domain name
 specultors  and Web site developers wanting to capitalize on others
 success. Trademark owners hope that two thorny intellectual property
 issues shall be laid to rest. The case should adress two threshold issues,
 does the use of commonly used names negativly impact upon trademark owners
 and  wether multiple similar sounding sites are capable of creating
 confusion among consumers.

 I suspect the court will answer in the affirmative. But larger questions
 arise, now that corporate interests have taken a firm bead on the Net,
 whose sensiblities are going to prevail?


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