[LINK] Fwd: Possibly interesting Up Over story
Fri, 2 Jun 2000 10:22:23 +1000
>Date: Thu, 1 Jun 2000 14:42:10 -0600 (MDT)
>To: Tony Barry <email@example.com>
>Subject: Possibly interesting Up Over story
> I thought this might just be the sort of article you'd want to
>advertise on LINK, so here it be.
> The article mentions that Canada is behind the U.S. in the development
>of related judgements; the case involves a U.S. registrar, though.
> I suppose it's an example of how national boundaries can still have an
>impact on the 'Net.
> Whatever. Use it if it pleases you to do so..
> Btw, Sherwood Park is a suburb of Edmonton, the provincial capital
>of Alberta, one of the two most business-oriented provinces in Canada.
>Daryl Krupa email: firstname.lastname@example.org
> Wednesday 31 May 2000
> Ex-employee sued over domain name
> Lawsuit likely to set precedent in use of Internet technology
> Bryant Avery, Journal Staff
> The Edmonton Journal
> Innersense International Inc., a small Sherwood Park company, has
> begun a potentially significant court fight with a former employee
> over its Web address.
> The case may have significant implications for the ownership of
> information technology, said Edmonton lawyer James Swanson.
> The company in question is Innersense International Inc., formed in
> 1993, now with 3,000 distributors and 5,000 Internet customers per
> month. Innersense promotes the sale of elk antler velvet.
> In 1997, according to documents filed by Innersense in Court of
> Queen's Bench, former Innersense customer relations manager Michelle
> Manegre was delegated by company president Steve Kurylo to register
> its domain name, innersense.com.
> In May of 1998, the documents state, Manegre registered the name with
> Network Solutions Inc., a Virginia company charged with the
> responsibility of maintaining registrations of domain names ending in
> But in March 2000, Kurylo said he learned the domain name had been
> registered to Keith Manegre, Michelle's brother, rather than renewed
> for Innersense.
> "This is the first notice Innersense had that Innersense was no longer
> the registrant of the domain name," Kurylo stated in an affidavit.
> On March 24, 2000, Keith Manegre sent a letter to Innersense offering
> to sell the domain name to the company for $20,000, Kurylo claimed.
> The Manegres have not yet had an opportunity to respond to Kurylo's
> allegations and the lawyer for the Manegres was not available on
> Innersense sought a return of the Web address to the company, and
> asked for damages of $300,000 and a punitive sum of $50,000.
> Justice Don Lee noted in a ruling last week that "in this general area
> Š there are relatively few Canadian cases on the issue of unfair
> competition, trademarks, passing off actions as they relate to the
> In addition, Lee said "there are some difficulties with the
> (Innersense) application" to the court. But the court did issue an
> interim injunction restraining the Manegres from selling or
> transferring the innersense.com name.
> Swanson, Innersense's lawyer, said the injunction is a preliminary
> "The domain name is frozen. It just sits there." The Manegres could
> file a statement of defence, or apply to have the injunction set
> aside. The parties could settle out of court, or go to trial.
> Canadian courts are behind their counterparts in the United States in
> deciding matters related to information technology, Swanson said.
> But the Edmonton lawyer added he has several cases now that will bring
> the subject to more frequent legal attention.
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