Order Granting AT&T's Motion for Summary Judgment.
Re: AOL v. AT&T, U.S.D.C, E.D. VA, Case No. 98-1821-A.

Date: August 13, 1999.
Source: Judge Claude Hilton.

Editor's Notes:
  The office of the Honorable Claude Hilton kindly provided Tech Law Journal with a photocopy of the original Order.
  This document was created by scanning the photocopy, and converting to HTML.
  Copyright Tech Law Journal 1999. All rights reserved.


IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

_________________________

AMERICA ONLINE, INC.,
     Plaintiff,

v.

AT&T CORP.,
     Defendant.
_________________________

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)   Civil Action No. 98-1821-A
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ORDER

For the reasons stated in the accompanying Memorandum Opinion, it is hereby

ORDERED that

(1) Defendant's Motion for Summary Judgment is GRANTED, as the Court finds YOU HAVE MAIL, IM, and BUDDY LIST are generic. Plaintiff s Federal trademark registration 2,167,048 for BUDDY LIST is CANCELED;

(2) Defendant's Motion for Summary Judgment is DENIED insofar as it applies to YOU'VE GOT MAIL, as this issue is now MOOT; and

(3) the claims and counterclaims pertaining to the mailbox logo are WITHDRAWN. A copy of this Order shall be sent to the Commissioner of Patents and Trademarks in order to effect the cancellation of the BUDDY LIST mark, and this case is DISMISSED.

 

Claude M. Hilton
_______________________________
UNITED STATES DISTRICT JUDGE

Alexandria, Virginia
August 13, 1999