Press Release
Contacts:
Mikki Barry
President,
A-TCPIP/ Domain Name Rights Coalition
703.925.0282
Email: ooblick@domain-name.org

Harold Feld
Assistant General Counsel and Secretary,
A-TCPIP/ Domain Name Rights Coalition
202.662.5132
Email: hfeld@domain-name.org

A-TCPIP/Domain Name Rights Coalition
Warns That Free Speech Rights Are Being Eroded By Recent Court Cases

April 25, 1998
HERNDON, VIRGINIA, USA

The DNRC today called for an examination of the application of trademark laws to Internet domain name disputes. Yesterday's filing by Ringling Bros. - Barnum & Bailey Combined Shows, Inc. illustrates the clash between the laws of trademarks and commerce, and First Amendment rights; a clash that commerce is winning.

"This is a very dangerous time for anyone who wishes to put a political or religious message out on the Internet," said Mikki Barry, President of the A- TCPIP/DNRC. "If you use a domain name so that you will be visible to your audience, be ready for a challenge you may not have the funds to fight."

The Ringling Brothers complaint is against PETA (People for the Ethical Treatment of Animals) who registered the domain name "ringlingbrothers.com" in order to promote its agenda against circuses. DNRC noted with bitter irony that PETA is the same organization who blocked DNRC founder Michael Doughney from using the domain name peta.org to disseminate a message entitled "People Eating Tasty Animals." "For an organization to call me the 'lowest of the low' for registering a domain name for political speech, then do the same thing to promote their own speech, is remarkable," said Doughney. DNRC was founded in response to this issue.

"The Ringling Brothers case is indicative of a general problem," said Harold Feld, Assistant General Counsel and Secretary of A-TCPIP/ DNRC. "More trademark holders are using trademark law to silence political and religious speech. This is exactly what our organization is attempting to prevent."

A Federal Judge in the District of New Jersey recently ruled that trademark law prohibited Steven Brodsky from using the domain name "jewsforjesus.org" to publish a political and religious message against the organization Jews for Jesus. "A domain name is often as important to disseminating a message as the message itself," said Mikki Barry. "This particular case was most unsettling since the judge found no First Amendment issue whatsoever." Another disturbing issue in the case was that the judge found that Brodsky's site was commercial based solely on a hyperlink to a religious site, "Operation Judaism," who asked for contributions. "If linking to a site is enough to classify you as commercial, then PETA and many others making political or religious arguments will also be silenced. Trademark holders should not be allowed to use trademark statutes to trump the First Amendment," Barry continued. A-TCPIP/DNRC has been asked to file an Amicus brief in this case.

"These recent cases continue a disturbing trend," Harold Feld said. "The First Amendment rights to free speech are taking a back seat to commercial interests, especially trademark interests. The A-TCPIP/DNRC is calling upon Ira Magaziner and the Commerce Department to realize the inequity of this situation when they make final decisions regarding the Green Paper for Internet Governance. Commerce is only a small sub-set of the communications on the Internet. The rights of individuals to disseminate their messages must be preserved."

About Domain Name Rights Coalition

DNRC is a working group of the Association for the Creation and Propagation of Internet Policies (A-TCPIP). Two years ago, A-TCPIP/DNRC was organized to respond to the first version of the NSI Domain Name Dispute Policy, and sharply criticized the Policy for creating an environment which would lead to the mass loss of domain names by small business, entrepreneurs and individuals. The predictions turned out to be accurate and DNRC regularly works with domain name owners who have received cease and desist letters against their domain names where there is no infringement or likelihood of confusion. DNRC also criticized the closed-door manner in which the first Policy, and its subsequent revisions, were created.

A-TCPIP also works with issues of Internet Governance, and has attended meetings at and submitted comments on domain name/trademark issues to the White House, Department of Commerce, World Intellectual Property Organization and other organizations. These comments, and additional material about the organization, can be found at its website, http://www.domain-name.org.