A few days ago we reported that Aimster has some domain problems. AOL wants aimster.com because AIM is a used trademark for AOL's Instant Messenger. But they are going to appeal.
"I'm going to appeal this decision. It's prejudiced and causes us irreparable damage," said Aimster's CEO Johnny Deep. He has until 1 June to appeal to a Virginia court. |
The NAF decided two votes to one that Aimster was infringing AOL's trademark because it starts with A-I-M. The two judges in favour managed to overlook two of the three rules for handing over the domain and the third judge strongly disagreed with the decision.
We revealed on the day the decision was broadcast that AOL went to the NAF as opposed to its usual arbitrator WIPO because a previous decision for the domain icqplus.org had exact parallels with the Aimster case. AOL lost that case after the judge said owner Vadim Eremeev was entitled to run his business over the domain. With four million users, Aimster can certainly claim to be a legitimate business.
Deep also claims that the site is named after the pet name for his 16-year-old daughter Madeline - Aimee.
We contend that since "aim" is an extremely common verb and noun that the likelihood of people confusing it with "America Online Instant Messenger" is minuscule.
Lame to go to the NAF in stead of the WIPO because they already lost a case against icqplus.org. My opinion is that aimster must keep the domain name. Let's hope the judges will come to their senses...
Source: The Register
