InfoLaw Alert                              http://www.infolawalert.com
Article by Mark Voorhees                 Redistributed with permission
       
       
ROADRUNNER TO NETWORK SOLUTIONS: SHAME ON YOU

    Domain holder says Internet registry tried to pull a fast one
   
       
       06/18/96
       
       
       
       Roadrunner Computer Systems doesn't think much of Network
       Solutions' motion to dismiss Roadrunner's suit against the
       Internet registry. In fact, Roadrunner is asking for sanctions,
       saying that Network Solutions played fast and loose with the
       court.
       
       Roadrunner filed suit in the Eastern District of Virginia,
       alleging that Network Solutions' policy of handing out domain
       names was unfair. The effect of the policy is to take out of
       circulation those domain names that a federally registered
       trademark owner wants, even if the current domain name holder has
       strong common law rights to the name. In this instance,
       Roadrunner, a Sante Fe Internet access provider, is at risk of
       losing roadrunner.com because Time Warner Entertainment has (beep,
       beep) complained to Network Solutions.
       
       NO HARM, NO FOUL
       
       Network Solutions is trying to get the case dismissed on the
       grounds that a Time Warner lawyer recently declined to give a
       statement to Network Solutions saying it was being harmed by
       Roadrunner's use of roadrunner.com. What Network Solutions didn't
       tell the court, Roadrunner says in opposition papers, is that Time
       Warner, in the middle of negotiations with Roadrunner, didn't want
       to disrupt those talks by saying it was suffering harm. The Time
       Warner lawyer wrote a letter to Network Solutions explaining why
       it couldn't provide the statement, which isn't required by the
       policy, and stressing that it was not waiving any rights.
       
       Network Solutions never mentioned this letter in its pleadings.
       "To fail to disclose this letter to the court . . . is an
       egregious breach of the duty of candor," says Roadrunner's
       opposition papers.
       
       A hearing is scheduled on Friday, June 21.
       
       Two other suits, filed by domain name holders, have been lodged
       against Network Solutions. Clue Computing in Colorado is fighting
       to keep clue.com out of the hands of Hasbro, the toy giant, by
       challenging Network Solutions's policy. The complaint closely
       mimics Roadrunner's. Clue is represented by Phil Dubois, who was
       counsel to Phil Zimmermann during the government investigation
       into the export of Pretty Good Privacy.
       
       Philip Giacalone has filed a separate suit in San Jose federal
       court regarding the use of ty.com. 

       email:mark@infolawalert.com
             
       Copyright Mark Voorhees 1996