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AT&T has mail slogan
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January 4, 1999: 5:56 p.m. ET
Judge rejects AOL motion to forbid use of certain phrases on WorldNet service
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NEW YORK (CNNfn) - A federal judge has rejected America Online Corp.'s bid for an injunction to block AT&T Corp.'s WorldNet service from using the phrase, "You have mail."
Last month, AOL (AOL) filed a request for a temporary restraining order to prevent AT&T (T) from using the phrase as an e-mail notification service on WorldNet, claiming it was too similar to AOL's "You've got mail" notification, which informs users of new e-mail messages.
Judge Claude Hilton of U.S. District Court in Alexandria, Va., also rejected AOL's motion to block AT&T from using the terms "Buddy List" and "IM" (instant message). Both phrases appear on WorldNet's "I M Here" instant messaging service. AOL uses those terms on its Instant Messenger service.
AOL claims it has exclusive rights to those terms and sued AT&T on Dec. 22.
Hilton ruled in a Dec. 24 hearing that there was no likelihood of irreparable harm to AOL if the order was not granted.
"We're pleased that Judge Hilton has rejected this attempt by AOL to appropriate common Internet terms for its own exclusive use," said James Cicconi, AT&T's general counsel and executive vice president for law and government affairs. "This ruling helps all ISPs, Web companies and Internet users by recognizing that the common language of the Web is not owned by AOL or anyone else."
Tricia Primrose, an AOL spokeswoman, noted that "You've Got Mail" is a registered trademark of AOL and that "Buddy List" and "IM" are in currently in the trademark-assigning process.
"AT&T is trying to free-ride on a term ("You've got mail") that is widely and historically associated with America Online," she said, adding AOL will proceed with the suit.
AOL shares fell 6-5/16 to close at 148-13/16. AT&T shares rose 2-1/8 to 77-7/8.
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