PLDT.com Press Release <http://www.pldt.com>
Lavides credibility under serious question
In response to a trademark infringement suit filed against his site, Gerry Kaimo, registered owner of the satirical website pldt.com, has filed a "Y2K" countersuit against the Philippine Long Distance Telephone Company.
"I expect them to be Y2K-compliant because I'm countersuing them for P 2000 in exemplary and corrective damages. That should teach them to think twice before filing nuisance suits of this sort against ordinary citizens," Kaimo said.
In his countersuit, Kaimo's laywer, Teddy Cruz states that the telecommunications giant attempted to register their acronym PLDT only on November 19, 1997 with then Bureau of Patents, Trademark and Technology Transfer, now the Intellectual Property Office and that to this date, no certificate of trademark registration has been issued. "They don't even own the trademark, what rights are they attempting to assert?" Atty. Cruz asked.
In today's resumption of the telecommunications giant's trademark infringement suit against Kaimo and the Philippine League for Democratic Telecommunications Inc. PLDTI, Cruz cross-examined the telecommunications giant's first witness, Horacio Lavides, who executed one of the two affidavits that formed the basis for the telecommunications giant's application for a preliminary injunction.
Under Cruz' intense cross-examination, Lavides faltered as he was asked to explain sections of his affidavit pertaining to his allegations that Kaimo and PLDTI excluded the telecommunications company from obtaining the domain registration for pldt.com.
In his affidavit, Lavides accused Kaimo and PLDTI of "having registered PLDT. com [sic] as their domain name with Network Solutions Inc. to the exclusion of PLDT itself," stating further that, "because of this unauthorized appropriation and registration of the 'PLDT' tradename and service mark as the domain name of this WebSite [sic], PLDT's attempt to register its tradename and service mark in the Internet failed and PLDT had to settle instead for the 'PLDT.com.ph' [sic] domain name.
But under further questioning by Cruz, Lavides admitted that he didn't know when his company had actually tried to register their domain name with Network Solutions Inc., the Internet domain-name registration company with whom Kaimo registered pldt.com in July 1998.
When asked by Cruz where the telecommunications company actually did register its pldt.com.ph domain name, Lavides, obviously flustered, took a few minutes to read his affidavit, and then replied "Network Solutions Inc.", drawing laughter from the courtroom crowd.
The registration and administration for local domain names are handled by the dot ph company, and pldt.com.ph was registered in March 1996 with the PH-Net domain registry, the predecessor of the dot ph company, some twenty-eight months before Kaimo registered pldt.com.
In his countersuit, Kaimo establishes that on Feb.16, 1996, pldt.com was actually registered to a company called Webscape Philippines, whose registration expired on April 28 1998, and was unclaimed until Kaimo's registration on July 21, 1998.
Also included in Kaimo's countersuit is a claim for moral damages in the amount of P50,000,000, plus an additional P 200,000 to cover lawyers' fees.
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