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