InfoLaw Alert                              http://www.infolawalert.com
Article by Mark Voorhees                 Redistributed with permission
       
       
Network Solutions' Second Cross To Bear

   
       
       Data Concepts, a Nashville, Tennesee, computer software company
       has filed the second suit against Network Solutions, the Internet
       domain name registry, in relation to its policy of handing out
       those names. Network Solutions was prepared take dci.com away from
       Data Concepts in accordance with its policy, which favors the
       owners of federally registered trademarks.
       
       (The first suit was filed by Roadrunner Computer Systems.)
       
       Digital Consulting, an Andover, Massachusetts company that holds
       DCI as a federal trademark, had complained to Network Solutions
       that it could not use the mark as a domain name. In such
       situations, under Network Solutions' policy, the domain name is
       put on "hold" during the dispute. Digital Consulting is also named
       in the complaint.
       
       The suit alleges that Digital Consulting is violating Data
       Concepts' DCI mark and asks that Digital Consulting's registration
       be cancelled. It also seeks a permanent injunction stopping
       Network Solutions from interfering with "Data Concepts' use of the
       DCI.COM Internet address."
       
       In its motion for a temporary restraining order, Data Concepts
       says that Network Solutions was prepared to let it keep its domain
       name during the pendency on the suit. There was one hitch: Network
       Solutions wanted to be indemnified.
       
       In an accompanying memo, Data Concepts ridicules Network
       Solutions' contention that the policy is beyond challenge because
       it was created pursuant to a contract with the National Science
       Foundation and is thus akin to an executive branch agency policy.
       
       Finally, on May 24, the parties agreed to a stipulation, under
       which Network Solutions agrees not to "interrupt Data Concepts'
       use of the 'dci.com' domain name unless and until the Court enters
       an Order" permitting such interruption.
       
       Network Solutions' policy is now under review. As pointed out by
       Data Concepts, Network Solutions has defended the policy as
       unassailable under admistrative law.
       
   email:mark@infolawalert.com
   Copyright Mark Voorhees 1996 (text)