Digital Equipment Corp (DEC) has obtained a preliminary injunction in its trademark infringement suit against Campbell, California software company Altavista Technology Inc (ATI). The US District Court of Massachusetts has ordered ATI not to use DEC’s trademark in a way that creates the false impression that ATI’s website is DEC’s AltaVista Search Service. The trouble began in March 1996 when DEC purchased the trademark, but licensed back to ATI the use of it in the smaller company’s full corporate name and in its website address. Judge Nancy Gertner has found that as traffic on DEC’s AltaVista Web Search page increased, ATI changed its home page to increasingly mimic the other and then capitalized on the confusion by selling advertising (CI No 3024). This led DEC to file the suit in October 1996, seeking unspecified damages. The Court’s ruling requires that ATI display a disclaimer on every page of its website that distinguishes it from DEC’s service and provides the correct DEC address.
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