EToys wins court freeze on Etoy site

DOMAIN NAMES by KATE CRAWFORD

The supporters of a group of digital artists have mounted an online campaign against leading Net retailer eToys after the toy seller won an court injunction to have the artists' Web site shut down because it had a similar-sounding Internet address.

EToys, the world's leading online toy retailer, was founded in 1996, registered the name etoys.com in 1997 and owns the trademark. The artists group, Etoy, bought the domain name etoy.com in 1995 to establish an art site for its community, founded the year before.

However, eToys decided the similar Web address operated by the artists group was causing confusion in the minds of toy customers, according to Mr Ken Ross, vice president of corporate communications for eToys.

An LA Superior Court agreed with the toy retailer and issued a preliminary injunction to close the Etoy site on the grounds that it had infringed the eToys trademark.

While the opposing sides must wait for the final judgement on December 27, Internet users have sprung into action, with several protest and parody Web sites springing up last week from supporters who are urging a boycott of eToys.

EvilToy, eToy Sucks and Toywar are just a few of the products of angry Net users, with another art group, Violent Nation, designing an elaborate replica of the eToys Web site but with new corporate slogans such as ''where great domains are blocked all for the sake of the dollar''.

Local Internet analyst with www.consult, Mr Ian Webster, said concern was mounting among active Internet users that court systems were favouring large corporations over smaller players who operate Web sites with long-held Internet domains names.

''The court cases that we've seen internationally used to operate on a 'first come, first served' basis,'' he said. ''However, there is a recent trend of big companies in court closing down domains that challenge their trademarks even when they are coming to the Web late in the game.''

Last week also saw one of the first successful injunctions in Australia against domain name cybersquatting.

Bartercard Ltd, a exchange trading organisation, took Ashton Hall to the Supreme Court of Queensland over its use of the bartercard.org domain.

Justice Ambrose granted an injunction pending trial against Ashton Hall's site for substantially reproducing specific member details and displaying company information without authorisation.

The chief executive of Bartercard, Mr Wayne Sharpe, said: ''Australian courts will act to protect the intellectual property rights of any organisation or individual when those rights have been infringed on the Internet.''

Mr Brook Bourke, a solicitor with Bartercard, described the case as ''fairly clear cut''. He said Ashton Hall had been claiming that it was representing Bartercard.

''This site was produced by a former member who thought they'd found an opportunity,'' he said.