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Diva and Goliath?

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Daniel Cody

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User since: December 13, 1998

Last login: September 17, 2007

Articles written: 146

After Microsoft ignored a cease and desist letter sent on April 25, 2000, the Digital Divas (www.digitaldivas.com) have launched a massive internet campaign known as "Diva and Goliath" to stop Microsoft's continued infringement on their trademark. The Digital Divas discovered in April that Microsoft launched a promotion known as the Microsoft Digital Diva (www.digitaldiva.com), employing a woman who appears to offer help to consumers with computer and the internet use. According to Digital Divas founder Dana Whitmire (www.danas.net), "these are exactly the types of services our group has offered to the internet community for almost three years. We feel Microsoft has tried to capitalize on the good will we have worked hard to build."

The Digital Divas were founded by Whitmire in 1997. They provide computer and internet assistance from their website and promote the services of their members, all of whom are experienced and successful computer professionals. The group is composed of 71 members from 17 U.S. states and 7 foreign countries. The purpose of the Diva and Goliath campaign is threefold. According to spokesperson Faith A. Kaminsky, "our small group has limited resources. We are hoping that the campaign will get the internet community behind us, help us raise some money to commence a lawsuit, and hopefully attract a lawyer to assist us." The Digital Divas are the founders of Grey Day (www.greyday.org), an annual copyright awareness event that began on October 1, 1998. Many of the members, including Timmi Sommer feel that Microsoft's actions "are particularly a slap in the face" for that reason.

The cease and desist letter sent to Microsoft was written by the New York law firm Moses & Singer (www.mosessinger.com) on a pro bono basis. According to Kaminsky, "we are extremely grateful for the assistance of David Rabinowitz and Mark Marderosian, but we understand that it is a big task for any lawfirm to accept on a pro bono basis."

Complete information about the Diva and Goliath campaign can be found at www.digitaldivas.com/gol/

Dan lives a quiet life in the bustling city of Milwaukee, WI. Although he founded what would become evolt.org in 1998, he's since moved on to other projects and is now the owner of Progressive Networks, a Zimbra hosting company based in Milwaukee.

His personal site can be found at http://dancody.org/

Submitted by olineham on May 3, 2000 - 05:57.

As much as I despise Microsoft, I'm not sure I have a problem with this. 1. digitaldivas.com and digitaldiva.com are being used for different purposes 2. neither is attempting to steal attention from the other There is probably no trademark case to answer. Recall the etoy vs eToys case. In that case, eToys sued to try and get rid of etoy. Our stance was: Both have equal right to operate their domains. What is so different about this sitation? Do we really expect every owner of adomain.com to be allowed to shut down every owner of adomains.com (or vice versa)? The little guy isn't simply right by default. It's the equivalent of McDonald's opening a store next to my house. I don't like McDonald's. I'd find their presence next door humiliating. But they wouldn't have done anything wrong. As much as it pains me to write this (and really, I can't believe I'm going to type this!): I don't think Microsoft has done anything wrong here.

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Submitted by everyknight on May 3, 2000 - 17:11.

I have corresponded with Digital Divas about this issue. I initially saw this as a domain name issue and wrote them a letter similar to onlineham. But read their letter at http://www.digitaldivas.com/gol/cease.htm. They don't want Microsoft to (just) not use the domain name; they want Microsoft to not use the phrase Digital Diva(s) at all, period. They also claim that the services offered are similar.

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