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Date:         Wed, 1 Sep 1999 02:32:15 +0200
Reply-To:     Per Lindgren <lindgre@ONLINE.NO>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Per Lindgren <lindgre@ONLINE.NO>
Subject:      Internet firm sues Volkswagen over Web site name
Content-Type: text/plain; charset=iso-8859-1

From www.auto.com

PerL 87 Syncro 112i

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DETROIT, Aug 30 (Reuters) - An Internet service provider under pressure from Volkswagen AG to stop using the Web address www.vw.net has filed suit in a Virginia federal court in a bid to block an attempt to reassign the domain name.

Virtual Works Inc., based in Herndon, Va., filed the civil lawsuit on Friday in U.S. District Court in Alexandria. Va. It is seeking $1 million in damages from the German automaker. It also sued Network Solutions Inc. (NSI), which until recently enjoyed a monopoly in assigning domain names ending in .com, .org and .net.

Virtual Works claims NSI and Volkswagen have no legal justification for challenging its use of www.vw.net, which it said NSI assigned to the Internet service provider in 1996. A year earlier, VW was assigned the address http://www.vw.com, leaving http://www.vw.net unclaimed.

Virtual Works alleges a reassignment of the name would constitute a breach of contract and an illegal confiscation on NSI's part. In addition, the Internet service provider alleges that VW is improperly interfering with its economic relationships by seeking the Web address for itself.

Volkswagen spokesman Tony Fouladpour said the company had not seen the lawsuit, but it intended to pursue its claim.

"We are going to protect our trademark, especially when it comes to domain names," he said.

Fouladpour added Virtual Works only came to Volkswagen's attention when it tried to sell the domain name back to the automaker last year.

Virginia-based NSI said it does not discuss ongoing litigation.

Earlier this year, Volkswagen asked NSI to take back the domain name from Virtual Works, charging that the site violated its trademark, which includes the letters VW. NSI told Virtual Works in a May 4 letter that it would transfer the www.vw.net domain name to Volkswagen, the lawsuit said.

Virtual Works Chief Executive James Anderson pointed out VW registered for www.vw.com in 1995 and left www.vw.net free for his company the following year. The automaker then said nothing until December 1998 when he received a letter threatening a lawsuit.

Under the 1996 Trademark Dilution Act, a company can seek to stop another party from using a trademark even if that party is not in the same business. Companies also need to show they are protecting their trademarks or they can lose their rights to them.

Copyright © 1999 Reuters Limited. All rights reserved. Republication or redistribution of Reuters Limited content, including by framing or similar means, is expressly prohibited without the prior written consent of Reuters Limited. Reuters Limited shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

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