Zipee Files Motion to Dismiss Defendant USPS Counterclaims Corporate NewsWire Press Release BizWiz Company News BizWizWire

Zipee Files Motion to Dismiss Defendant USPS Counterclaims

WASHINGTON DC Feb 02, 2000

Plaintiffs Zipee Corp. and Zipee.com, Inc. (hereinafter referred to jointly as “Zipee”) file Motion to Dismiss the Counterclaims of Defendant United States Postal Service (“USPS”), pursuant to Fed. R. Civ. P. 12 (b)(6).

Zipee which registered the Internet domain address postal-service.com in July of 1998 has been wrangling with the USPS for the past six months over who owns the international right to the domain name – ( http://postal-service.com ).

As quoted in the brief, then Circuit Judge Ruth Bader Ginsburg, stated; [a] generic term is one commonly used to denote a product or other item or entity, one that indicates the thing itself, rather than any particular feature or exemplification of it. A generic term does not merely identify a particular characteristic of quality of some thing; it ‘connotes the ‘basic nature’’ of that thing. Because a generic term denotes the thing itself, it cannot be appropriated by one party from the public domain; it therefore is not afforded trademark protection even if it becomes associated with only one source.

See, e.g., Blinded Vet. Ass’n v. Blinded Am. Vet. Foundation, 872 F.2d 1035, 1041 (D.C. Cir. 1989).

Beginning in 1997 the USPS has frequently denied they desire to host Internet email – free or otherwise, even going so far as to post a statement denying such claim on their web site – USPS.com. However, since this legal battle began, Zipee has received information that the USPS is trying to get involved in web based email.

The brief further states; “As threatened in its letter to Zipee, USPS has responded with counterclaims asserting the purported trademark and unfair competition violations of its UNITED STATES POSTAL SERVICE mark. Interestingly, after having the benefit of Zipee’s Complaint, USPS now asserts purported common law trademark rights in the designations “The Postal Service” and “Postal Service.””

USPS, however, has failed to provide any basis for its claimed trademark rights in a common, generic term.

“I believe the USPS has overstated their bounds and that the international community as well as the jury will side with Zipee,” stated Hans Schnauber, Founder of Zipee Corp.

The entire brief can be found at http://postal- service.com/dismiss-the-USPS.htm. The jury trial is scheduled to be heard in United States District Court - District Court of Oregon – case number CV 99-1290 MA.

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