--- Subject: Viacom loses domain name ruling in Singapore Date: Fri, 26 Apr 2002 09:14:00 +0800 To: <declanat_private>, <politechat_private> Hi Declan, It will be interesting to see what happens next. This puts a whole new spin on domain names: trade/servicemarked terms may have become generic terms in other languages- does this cause them to lose their protected status? For more info on Singapore's Domain Name Dispute Resolution Policy: http://www.disputemanager.com.sg/ The decision is available here: http://www.disputemanager.com.sg/decisions/SDRP%202002-0001(F)%20Decision.pdf Harminder Singh ------------------------------------------------------------------------------ >From the Today newspaper (Singapore), April 26 2002: (sorry, they don't have a website :< ) MTV A GENERIC NAME, SAYS RULING =============================== Viacom International Inc, which operates Music Television (MTV) Networks, has lost a claim to to the "MTV" domain name although it operates sites such as mtv.com, mtvasia.com and mtv-china.com. The Singapore Domain Name Dispute Resolution Service said the name "MTV", as used by the Taiwanese firm Elitist Technologies Co Ltd for its website mtv.com.sg, was generic as an abbreviation for music videos. The disputed Chinese-language website, which has a disclaimer saying it it not affiliated with Viacom or MTV, offers free e-mail and serves as a portal for supplying Chinese entertainment products and services. Elitist Technologies had rejected exclusivity claims by Viacom, arguing the acronym MTV was generic as there is no direct translation in the Chinese language. In making the April 15 decision, the ruling's author, Mr Daniel Seng, said that MTV is "generic as it has entered the local Chinese language as an abbreviation for music videos." It was the first case heard by the body which was set up early this year. Its rulings can be challenged in Singapore courts. -AFP ------------------------------------------------------------------------------ The Straits Times (Singapore) APRIL 25, 2002 Viacom loses claim over MTV domain name ======================================= http://straitstimes.asia1.com.sg/breakingnews/story/0,1895,116232,00.html SINGAPORE -- Viacom International Inc, a global entertainment company which runs the Music Television or MTV, claimed that a Taiwanese firm used the domain name, mtv.com.sg, in 'bad faith' and profitted from it. Saying that Elitist Technologies has no rights over the name, Viacom filed a complaint against the company with the Singapore Domain Name Dispute Resolution Service and to get the name transferred to it. [...] --- Subject: RE: Viacom loses domain name ruling in Singapore Date: Fri, 26 Apr 2002 09:33:05 +0800 From: "Harminder Singh" <ASHarminderat_private> To: <declanat_private>, <politechat_private> Hi- a more detailed report from the Straits Times. Harminder ------------------------------------------------------------------------------ The Straits Times (Singapore) APRIL 26, 2002 Viacom loses claim over MTV domain name ======================================= http://straitstimes.asia1.com.sg/singapore/story/0,1870,116391,00.html? By Alethea Lim COURT CORRESPONDENT GLOBAL entertainment company Viacom International Inc, which runs the cable music station MTV, has lost its fight to have the domain name mtv.com.sg transferred to it. It had filed a complaint against Taiwanese firm Elitist Technologies with the Singapore Domain Name Dispute Resolution Service. Viacom, which operates such websites such www.mtvasia.com and www.mtv-china.com, said Elitist had no rights over the name, had used it in 'bad faith' and had profited from it. But the dispute resolution panel found that the word 'MTV' used in the domain name was descriptive and generic and Viacom was unable to prove it had 'clear or unequivocal' exclusive rights over it. The case was the first heard by the service, which was set up early this year. [...] --- ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ ------------------------------------------------------------------------- Sign this pro-therapeutic cloning petition: http://www.franklinsociety.org -------------------------------------------------------------------------
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