Eduardo Perez Orue registered his domain, deusto.com, in 1997. Now, in 2006, nearly a full decade later, a company by the name of Planeta Agostini is trying to take it away from him. Why? Well Planeta Agostini registered the trademark “duesto” in 2002 and now they feel that they have to protect their trademark by taking the domain.
I see two problems with this. One, the site existed before the legal trademark. Eduardo should win on first use. Secondly, duesto is also the name of a town in Spain. And a college. And a deli. The college’s website? duesto.es . Further:
The website (a website for Spanish writers to publish their stories and now moved to http://literatura-digital.com), has, over 8 long and difficult years, reached 80,000 visitors a month, 1250 stories have been published and has 3300 subscribers to the newsletter.
By the way, Planeta Agostini doesn’t have neither deusto.es, deusto.net, nor deusto.org. And deusto.biz and deusto.info are not even registered ! Wouldn’t it be that they are after my visitors and they want them for free ? No, of course not, they only want to protect their brand !
A quick visit to the wayback machine would back up the claim that the site wasn’t registered as a “CyberSquatter” site. Eduardo had a legitimate use for it in 1997 and still does. Obviously, he’s not going to have the funds to fight this in court without some help. Anyone who has contacts at the EFF is asked to contact them on Eduardo’s behalf. Something must be done.