[Nettime-bold] LEONARDO LAWSUIT DISMISSED!!

[molly hankwitz <mollybh@netspace.net.au>]

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Date: Wed, 30 May 2001 15:11:37 -0700
To: isast@sfsu.edu
From: Andrea Blum <isast@well.com>
Subject: LEONARDO LAWSUIT DISMISSED!!
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PRESS RELEASE
GOOD NEWS--LAWSUIT AGAINST LEONARDO DISMISSED BY FRENCH COURT
San Francisco/Paris 29 May 2001
More info: http://mitpress.mit.edu/Leonardo; leo@mitpress.mit.edu
On Monday 28 May 2001 a three-judge panel in Nanterre, France, issued
a
preliminary ruling dismissing all of the charges filed by Transasia
Corp.
and Leonardo Finance against the international arts organization
Association Leonardo.
On 18 November 1999, Transasia Corp. and Leonardo Finance had filed a
lawsuit claiming $1 million in damages against the 30-year-old
international arts network Leonardo. Transasia charged trademark
infringement and claimed also that they had lost business because
their
clients searching the Internet using he keyword "Leonardo" were
mistakenly
being diverted to the Leonardo arts organization web sites rather
than to
the venture capital firm's web site.
The judges stated in summary:
* Since Leonardo Finance and Transasia groups and the Leonardo arts
organization have totally distinct and non-competing activities and
services, there is no trademark infringement, even though both
parties use
a common communication medium--the Internet.
* In addition, since none of the services or products offered via the
two
parties' web sites are similar or competing, there is no trademark
infringement or basis for the lawsuit.
* The ruling acknowledges the right of the arts organization
Association
Leonardo to use the title Leonardo.
The three-judge panel therefore dismissed the lawsuit filed against
the
Leonardo arts organization.
No costs were awarded. Both parties have a month to appeal.
This preliminary ruling represents a major victory for Leonardo, a
30-year-old arts network that has championed the work of artists using
science and technology.
The Leonardo community of artists, scientists, scholars and engineers
successfully mobilized to raise funds for the Leonardo Legal Defense
Fund
using a number of on-line tactics and strategies.
The IRIS civil rights network mobilized an on-line protest campaign
(http://www.iris.sgdg.org/actions/leonardo), resulting in thousands of
e-mail messages being sent by Leonardo supporters to the CEO of
Transasia
protesting the lawsuit--these were then deposed in evidence.
Funds were raised through benefits and on-line auctions, and a number
of
on-line protest actions successfully brought attention to the case,
which
was filed by Transasia in the heat of the late 1990s Internet mania.
One on-line protest action included an on-line competition organized
by
RTMark (http://www.rtmark.com), which resulted in the posting of
numerous
protest web sites on the web, many of which became the top-ranked web
sites
for on-line searches for the word "Leonardo." An international art
group
organized an effort to provide downloadable on-line Leonardo Defense
banners (http://leonardo.c3.hu) for use on supporting websites,
resulting
in the arts organization's web sites' steady rise in search engine
results.
Letter of support were sent by art groups and schools worldwide,
including
the International Art Critics Association, ISEA, ART TOPOS, the
Langlois
Foundation, the University of Paris 1, ASCI, ANAT, and CAiiA-STAR
among
others.
Rock House Farm in Virginia named a newborn ram Leonardo in support
of the
organization's legal defense
(http://www.rockhousefarm.com/leonardo.htm);
this ram had a first offspring, also named Leonardo, born this spring.
Knitted clothing from the original Leonardo ram was auctioned on-line
to
raise additional funds for the legal defense.
The Leonardo network takes this opportunity to thank all those who
lent
energy and resources to allow Leonardo to defend itself in court.
Further information on the lawsuit can be found at the organization's
web
sites:
http://mitpress.mit.edu/Leonardo
and
http://www.olats.org
For further information contact <leo@mitpress.mit.edu>.

mollyhankwitz
0438 050759
61 7 3846 5457
archimedia




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