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International Entertainment News

Thursday, January 20, 2005

Future Media Architects Prevails Over Corporate Giant Sara Lee in Domain Name Challenge

Future Media Architects Prevails Over Corporate Giant Sara Lee in Domain Name Challenge TAKOMA PARK, Md., Jan. 20 /PRNewswire/ -- In a case heard by the World Intellectual Property Organization (WIPO), Future Media Architects Inc. ( http://www.fma.com/ ) has successfully defended against a challenge from Kiwi European Holdings B.V. over its ownership and use of the domain name KIWI.com ( http://www.kiwi.com/ ). Future Media Architects will retain full rights and ownership of the domain name in accordance with the WIPO ruling. Though Kiwi European Holdings, a subsidiary of the Sara Lee Corporation, owns the popular KIWI brand of shoe care products and the related U.S. and foreign trademarks, the WIPO Arbitration and Mediation Panel found no evidence of bad faith by FMA in its ownership of the domain name KIWI.com. The Panel concluded that FMA neither intended nor created any consumer confusion or disruption relating to the Kiwi Brand. The decision by the Panel clearly establishes FMA's good faith ownership of the KIWI.com domain name and affirms that ownership and use of generic domain names is a legitimate and appropriate business activity. More importantly, the Panel cited Kiwi European Holdings' behavior as a clear abuse of administrative procedure by holding that Kiwi's complaint was brought in bad faith with a complete lack of evidence in what the Panel termed a clear "instance of reverse domain name hijacking." "We are gratified that the Panel saw this complaint for what it was -- frivolous," said Stevan Lieberman of Greenberg & Lieberman, attorney for FMA and recognized domain name dispute expert. "FMA will continue to vigorously defend its intellectual property; it is just unfortunate that FMA has been forced to defend itself against a complaint that had no basis. We certainly hope that this ruling will dissuade other corporations from attempting to claim ownership to generic terms to which they have no exclusive right." FMA currently manages a portfolio of more than 100,000 domain names. Full text of the WIPO Arbitration Panel's decision in Case No. D2004-0848 can be found online at: http://arbiter.wipo.int/domains/decisions/html/2004/d2004-0848.html . About Future Media Architects: Virginia-based Future Media Architects ( http://www.fma.com/ ) is a world-class leader in internet content development, specializing in development of internet properties and portals. FMA's internet properties include Oxide.com, MP3.tv, DJ.net, and i.net. For more information on FMA and its projects and properties, visit http://www.fma.com/ . About Greenberg & Lieberman: Maryland-based intellectual property law firm Greenberg & Lieberman, teams with private industry, entrepreneurs, inventors and investors to protect their intellectual assets, products and ideas. Greenberg & Lieberman is a full service firm with expertise in patent, copyright and trademark and internet/software matters. The firm offers a full range of intellectual property services including prosecution, licensing and litigation. For more information on Greenberg & Lieberman, visit http://www.aplegal.com/ . CONTACT: Stevan Lieberman, Managing Attorney Greenberg & Lieberman Phone: 301-588-8393 Fax: 301-588-3292 This release was issued through The Xpress Press News Service, merging e-mail and satellite distribution technologies to reach business analysts and media outlets worldwide. For more information, visit http://www.xpresspress.com/ . Source: Greenberg & Lieberman CONTACT: Stevan Lieberman, Managing Attorney, Greenberg & Lieberman, +1-301-588-8393, or fax, +1-301-588-3292, or stevan@aplegal.com Web site: http://www.aplegal.com/ http://www.fma.com/ ------- Profile: International Entertainment

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