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    "Don't Mind Manuel, He's From Barcelona" | Log in/Create an Account | Top | 2 comments | Search Discussion
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    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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