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    Highlights of the ICANNWatch Archive
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    Lawsuits and Judicial Decisions "Don't Mind Manuel, He's From Barcelona"
    posted by Mueller on Thursday July 10 2003, @07:43PM

    The City of Barcelona, after being slapped with the epithet "reverse domain name hijacker" by a U.S. Court of Appeals, and after being told flatly by the Court that it had no trademark rights in the word "Barcelona" under Spanish or US law and that the original registrant of the domain barcelona.com was not a cybersquatter, has entered a motion to deny giving back the domain name to the original registrant.

    Why? Because of the registrant's "unclean hands."



    John Berryhill's comment:

    "This is starting to sound like the opener for a bad joke.

    'Two lawyers, a mayor, and a webmaster walk into a bar in Barcelona...'

    Except the joke goes on forever, and I still don't know the punchline."

     
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    This discussion has been archived. No new comments can be posted.
    "Don't Mind Manuel, He's From Barcelona" | Log in/Create an Account | Top | 2 comments | Search Discussion
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    Maxims of equity
    by KarlAuerbach on Friday July 11 2003, @04:14PM (#11938)
    User #3243 Info | http://www.cavebear.com/
    Ah, "clean hands" - from the maxim of equity "He who comes into equity must come with clean hands."

    Does Spain (or Catalonia) recognize principles that came out of the English courts of equity?

    Let me yank one of my books on Equity off my bookshelf .. ooof it's dusty .. "Equity" by George Clark, 1921. (Good thing I didn't grab "Bleak House" with its tale of the court of equity in Victorian England.)

    I like the first of the following maxims, particularly its relevancy to the in rem form of so many domain name cases:

        "Equity acts in personam, not in rem."

    Other good ones:

        "Equity delights to do justice and not by halves."

        "Equity regards that as done which ought to be done."

        "Where there is a right there is a remedy."

        "Between equal equities the first in order of time prevails." (Hmmm, here's our old friend, "First come, first serve". I guess "sunrise" registrations are contrary to equity.)

        "He who seeks equit must do equity."
    [ Reply to This | Parent ]
    Oh, it gets better
    by jberryhill on Saturday July 12 2003, @12:44PM (#11944)
    User #3013 Info

    The City of Barcelona, and their attorneys, are nothing short of liars and frauds.

    If you take a look at their .info registration, for example, they used a graphical logo mark, instead of a textual mark as was required under the .info registration rules. Yet another fraudulent .info sunrise registration.

    They have also filed US TM Appl. No. 76043103 for "Barcelona.com", even though they did not have the domain name registered to them. Hey, Mr. Fishman, who signed the statement, under penalty of perjury, that they had a bona fide intention to use "barcelona.com" as a mark in commerce? The only thing they've used it for, in this brief interval while they've had the domain, is as a re-direct to www.bcn.es.

    Unsurprisingly, the USPTO has issued two refusals to allow this application. Anyone care to guess why the USPTO has refused to allow the City of Barcelona to register "BARCELONA.COM" as a trademark.

    The Fourth Circuit Court of Appeals referred to the relevant section of the Lanham Act as the "reverse domain hi-jacking provision" and found AGAINST the city of Barcelona. This is the first appellate level decision to find a party guilty of reverse domain hi-jacking. Put simply, the City of Barcelona through its attorneys has engaged in a civil wrong. Period.

    They do not even dispute this fact. In their current brief, they have to acknowledge that the court of appeals has determined the original registration and use of the domain name to be lawful. What they are arguing is that, even though the decision transferring the domain name to them has been declared to be wrong, they should get to keep the domain name anyway. They may have believed their own BS in good faith at one point in time, but their arguments at this point have descended into pure sleaze.
    [ Reply to This | Parent ]


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