The evisa.com web site was owned by JSL Corporation, the company
of Joe Orr, who ran the site from his New York apartment. The
company claims that the web site, which had been operating since
1999, received 35,000 visitors per month. JSL also said it has been
using the evisa term in two other commercial web sites since
1997.
Following a motion filed by VISA International Service
Association, the Las Vegas court found that the evisa.com domain
name "presents a likelihood of dilution of the distinctive value of
VISA International's 'Visa' mark."
The court based its decision on the fact that JSL was making a
commercial use of the word 'visa' , and that its use began after
the trade mark became famous. The court therefore ordered JSL to
cease using the evisa.com domain and to deactivate the web
site.
JSL, which is complying with the order, tried to argue that the
evisa.com domain did not contain the famous trade mark, but the
"English word 'visa'." The company also argued that the word
referred to "its normal dictionary meaning" and not to credit card
services.
JSL added that VISA did not send JSL any request to change its
use of the evisa address prior to filing the lawsuit.
Cindy Cohn, legal director of the Electronic Frontier Foundation
which is considering helping JSL with an appeal, said : "Apple
Computer, no matter how famous it becomes, cannot restrict the use
of the word "apple" to refer to the fruit. Yet here, the court has
held that the VISA credit card company can restrict the ability of
Americans to use the word "visa" to refer to travel-related
information."
VISA has pending applications for trade marks including Evisa,
E-Visa and E Visa, and operates its e-visa.com site, but it was the
infringement of the visa mark that was the subject of the case.
The text of the decision is available at:
www.3dtree.com/summjudg.htm
