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Etoy Update
Censorship Posted by jamie on Wednesday December 29, @02:30PM
from the keeping-abreast dept.
Time for an etoy.com news roundup. The Etoy artists are still operating under a ridiculous injunction that bars them from operating a website at their domain. NSI caved to what they perceived as a court order and put the entire domain on hold, so email is blocked too. And Monday's meeting with the judge turned out to be merely a status conference which, according to Etoy's lawyer, "took all of 45 seconds." Nothing was decided, and the injunction remains in effect. But there's good news about the trademark. Click to read more.

The status conference was scheduled for 8:30 AM on the Monday after Christmas weekend, and Etoy's lawyer wasn't able to attend. Essentially it was the judge checking in with eToys' lawyers; the next meeting is scheduled for Jan. 10, but that will probably also be just a status conference.

Here's the good news. According to Etoy's lawyer, one of eToys' major claims to trademarked ownership of "etoy" has been shot down.

eToys had purchased the trademark "ETOYS" from Etna Toys, a New York importer which had secured the mark for itself in 1990. In this way, the company which hadn't formed a website until 1997 could claim that it owned a trademark older than the art group which had been operating on the web since 1995.

Fortunately for Etoy, the Trademark Office decided that "ETOYS" was too generic to be trademarked, and invalidated it. According to this decision, prefixing "e" to the generic term "toys" is not enough to make it trademarkable. This decision may yet be overturned, but it's looking more promising by the day.

Meanwhile, Wired reports that John Perry Barlow and Douglas Rushkoff have joined the etoy crisis advisory board. Barlow calls this domain name dispute "the battle of Bull Run." He's got a point - NSI has taken a highly unusual action based solely on the bullying of a legal firm and a single clueless judge. If that matters more than the time-tested rules of the internet, we're all in trouble. Barlow says that Jon Postel, who worked so hard to establish those rules, would be in tears.

TBTF points out that eToys' stock has been plummeting since Dec. 1 and asks why. Since that story, it has continued to fall. Some think this has something to do with their bullying Etoy; others disagree; there are some good comments in the Take It Offline forum that TBTF started.

Etoy's supporters' website at toywar.com promises "TOYWAR.com 1.0 will leave the etoy.BETA-LABS in a few days" but it's been saying that for weeks.

Finally, Etoy's friends at RTMark have taken it upon themselves to wage a game against eToys. The point is apparently to drive their stock price to zero. To me, this sounds about as fun as Quake over a 1200 baud modem, but maybe I'm just too bourgeois.

Geeks, Geek Issues and Voting | eToys Drops Lawsuit Against eToy  >

 

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  • Slashdot
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  • reports
  • John Perry Barlow
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  • Jon Postel
  • TBTF
  • plummeting
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  • Take It Offline forum
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  • More on Censorship
  • Also by jamie
  • Your Rights Online
  • eToys Drops Lawsuit Against eToy
  • Etoy Update
  • No Permission Necessary to Record Chat
  • FDA to Regulate Internet Drug Sales
  • Swedish Court Clears Teen for Linking to MP3s
  • ACLU Sues FBI, Justice Dept Over Y2K Flick
  • EFA Moves Website to USA
  • EPIC Criticizes Top 100 Sites' Privacy
  • CNN Misrepresenting etoy vs. etoys Battle?
  • CFP2000
  • "Etoy Update" | Login/Create an Account | 28 comments | Search Discussion
    Threshold:
    The Fine Print: The following comments are owned by whoever posted them. Slashdot is not responsible for what they say.
    ( Beta is only a state of mind )
    Ugh (Score:1)
    by mbadolato on Wednesday December 29, @02:33PM EST (#1)
    (User Info)
    Stuff like this is just total crap and getting more and more out of hand....
    [ Reply to This | Parent ]
    Great News? (Score:1)
    by caferace (caferace...@...well...com) on Wednesday December 29, @02:34PM EST (#2)
    (User Info) http://www.well.com/~vimages
    This all sounds good, but I'd really like to see EToys back off completely.

    And I'm guessing their stock nosedived primarily because of the fulfillment problems they had with thier e-commerce site over the holiday, not because of 'Net pressure and badmouthing.

    [ Reply to This | Parent ]
    ETOYS BACKS DOWN! (Score:5, Informative)
    by WilliamX (william@dso.net) on Wednesday December 29, @02:34PM EST (#3)
    (User Info) http://www.dso.net/
    http://www.wired.com/news/p olitics/0,1283,33330,00.html


    [ Reply to This | Parent ]
    Almost a moot point now, (Score:1)
    by Marcio Silva (com.fastpointcom@msilva) on Wednesday December 29, @02:35PM EST (#4)
    (User Info)
    I'm guessing that Etoys won't be pushing so hard to keep this injunction now that the christmas season is over. They got what they wanted, and now they're just going to drag their feet until some judge with a brain invalidates their injunction.
    [ Reply to This | Parent ]
    EToys Relents, Won't Press Suit (Score:1)
    by penguinicide (I never liked myself anyway.) on Wednesday December 29, @02:35PM EST (#5)
    (User Info)
    You missed wired's headline story.

    EToys Relents, Won't Press Suit


    penguinicide... when jumping out a window just won't do.

    [ Reply to This | Parent ]
    Etoys may have given up (Score:2, Informative)
    by mathowie on Wednesday December 29, @02:35PM EST (#6)
    (User Info) http://haughey.com
    It looks like eToys.com is giving up their pointless fight
    [ Reply to This | Parent ]
    Examinepcs.com? (Score:1)
    by jued0001 on Wednesday December 29, @02:37PM EST (#7)
    (User Info) http://www.examinepc.com
    I guess I don't have to worry about someone starting up ExaminePCs and then having Interland take me off-line. Thank god! =P

    Finally a decision that is more common sense than bullshit.

    ___________________________

    Mello like the Yello, but without the fizz.


    [ Reply to This | Parent ]
    First first post (Score:2)
    by dodobh (d o d o b h @ v s n l . c o m) on Wednesday December 29, @02:38PM EST (#8)
    (User Info)
    I do agree that the NSI action was stupid. Say, why don't these guys (etoy.com) file a counter suit? That will be interesting, a suit in Europe against etoys.com
    Your mind is too little to be allowed to wander alone.
    [ Reply to This | Parent ]
    Here's even better news (Score:1)
    by shang on Wednesday December 29, @02:38PM EST (#9)
    (User Info)
    The top story at wire.com seems to be that Etoys won't be pressing the suit: http://www.wired.com/news/politics/0,1283,33330,00.html Isn't it a coincidence that they did this after the Christmas shopping season is over?
    [ Reply to This | Parent ]
    NSI is the problem here. (Score:3, Insightful)
    by jeroenb on Wednesday December 29, @02:41PM EST (#10)
    (User Info)
    I don't really care about all the legal problems concerning trademarks and patents. It'll probably be a long time before we see the end of those, but I'm disappointed in NSI. I more or less expected them to be around long enough to understand that they should simply stand-by and wait for the judge to actually tell them to pull etoy from their database.

    Because no matter what the actual result in this case is, companies might start getting ideas like "hmm I can always start some lame campaign against my competitor to have his domainname set on hold for a while." This could only be the beginning, and it's already bad :(

    [ Reply to This | Parent ]
    The Future? (Score:1)
    by viking099 on Wednesday December 29, @02:42PM EST (#11)
    (User Info) http://garnet.acns.fsu.edu/~nah2581
    I think that the outcome of this case will have repurcussions that will affect how independant domain holders battle against corporate fat cats.
    If only there were some way to educate the people who will be making these decisions in how things really work here in the internet world. That way fast legal talk will not be able to stand in the way of plain fact.
    "In the end, there can be Obi Wan" -Anonymous Coward
    [ Reply to This | Parent ]
    Until supplies last ... (Score:2)
    by Nicolas MONNET (nico@nospam.monnet.to) on Wednesday December 29, @02:43PM EST (#13)
    (User Info) http://www.hetoys.com
    If eToys indeed withdraw its complaint against etoy, I'll shut my protest site down. I won't until it's duly confirmed. So go visit it while supply last!
    -- Boycott eToys!
    [ Reply to This | Parent ]
    See etoy's site (Score:2)
    by waldoj (waldo@waldo.net) on Wednesday December 29, @02:50PM EST (#14)
    (User Info) http://www.waldo.net
    It's at http://146.228.204.72:8080/.
    [ Reply to This | Parent ]
    e-nothing. (Score:2)
    by Signal 11 (signal11@mediaone.net?Subject=Slashdot comment) on Wednesday December 29, @02:52PM EST (#16)
    (User Info) http://www.malign.net/~bojay/
    How to Make it big in E-commerce:
    • E-commerce DOES exist. It is not an IBM marketing phrase. Believe this. If in doubt, check out "datamation" or whatever magazine is sitting on your boss' desk right now.
    • Patent everything.
    • Aquire huge amounts of lawyers and money. Guns are frowned on - use them only internationally.
    • Your trademark must consist of an easy to remember name - preferably one in the dictionary. Prefix the word with one of the following letters: "X, e, i". Example: eXtreme Computer Parts, iDunno, eNothing.
    • Sue everyone with a related name. Network Solutions will happily shut down all of your competitor's online sites with a court order from /any/ jurisdiction. If the first one turns you down, go judge shopping.
    • You IPO'd, right?
    • Write a book about how you hit it big in the stock market. The title should try to be "deep" but mean nothing, ie: "Business at the speed of thought".
    *cough* See, etoys is just following The Advice... don't blame them. =)
    -| There is three errers in this sentence. |-
    [ Reply to This | Parent ]
    ETOYS people (Score:0)
    by Anonymous Coward on Wednesday December 29, @02:56PM EST (#17)
    I suspect etoys has sullied their name too much
    to be around much longer. So while we may forget
    the name of the company, lets not forget the
    names of the people. I suspect their bullying tacticts will appear elswhere on the 'net in the future. Here's etoy's pointyhairs:

    http://www.etoys.com/html/about_management.shtml
    [ Reply to This | Parent ]
    Any new registrars outside Uncle Sam's Area? (Score:1)
    by RallyDriver (dcc@dcs.ed.ac.uk) on Wednesday December 29, @03:22PM EST (#20)
    (User Info) http://www.dcs.ed.ac.uk/home/dcc/
    Are any of the new registrars for .com outside the USA? If so, the sensible course would seem to be to register with a non-US registrar and avoid all the bourbon soaked republican judges. Anyone?
    [ Reply to This | Parent ]
    bull run? (Score:0)
    by Anonymous Coward on Wednesday December 29, @03:23PM EST (#21)
    heh, i live near there. done threw muh laptop down in there (man, redhat sucks).
    [ Reply to This | Parent ]
    Etoy should sell...... (Score:0)
    by Anonymous Coward on Wednesday December 29, @03:36PM EST (#23)
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    [ Reply to This | Parent ]
    Trademark office getting it? (Score:1)
    by Lally Singh (death_to_nt@vt.edu) on Wednesday December 29, @03:47PM EST (#26)
    (User Info) http://www.vt.edu:10021/org/hybridcar
    One of the mentioned wired articles from a previous post about the injunction going down mentioned that the US Trademark office is not allowing the e set of words to be put up.

    Firstly this lets etoys stay free, but more importantly, we may just save a whole swoosh (yes, the word swoosh is now a noun!) of other trademark related pains-in-the-rectum!

    Chalk up +1 for the Trademark office..
    which helps against their current score of
    -128476.


    --
    Insanity Takes Its Toll. Please Have Exact Change

    [ Reply to This | Parent ]
    Why eToys isn't pressing the suit. (Score:1)
    by Spax (slashdot@bugger.EXAMPLE.net) on Wednesday December 29, @03:51PM EST (#27)
    (User Info) http://BuggEr.NeT
    Perhaps eToys just wants Etoy up and running again so all those people who ordered worthless pieces of merchandising plastic will try to return it to Etoy, freeing eToys from worrying about refunds and exchanges.
    FeO2.org | BuggEr.NeT | WAMdesign.com
    [ Reply to This | Parent ]
    Let's pull www.nsi.com (Score:1)
    by Dr. Evil (http://) on Wednesday December 29, @03:59PM EST (#28)
    (User Info)

    I had a quick look at www.NSInc.com, and it seems that they infact exist. There could be some kind of brand confusion going on here, after all they're both interested in money. NSInc is roughly 15 years old.

    I also noticed that www.ensi.com is also registered and is a real site.

    I wonder if we can get Network Solutions to pull the plug on that pesky www.nsi.com?

    [ Reply to This | Parent ]
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