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"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


AOL v AT&T, 243 F3d. 812 (4th Cir, 1999)

PLAINTIFF: America Online, Inc. ("AOL") operates the world's largest interactive online service. Since about 1988, AOL had been using YOU HAVE MAIL and YOU'VE GOT MAIL for its email service. In early 1997, AOL began using an old-fashioned U.S. mailbox, with a red flag that pops up when a user has new e-mail, as a logo in connection with its automatic email notification services. BUDDY LISTŪ is the brand for a service provided by AOL that provides real-time chat between two or more persons who are simultaneously using the AOL Service.

DEFENDANT : Defendant AT&T Corp. ("AT&T") provides Internet access to subscribers through its "AT&T WorldNet Service" for a monthly fee. On December 15, 1998, AT&T issued a press release stating that it had "added a You Have Mail! notification window.

AOL notified AT&T that AT&T was using its trademarks. On December 22, 1998, AOL filed the instant action against AT&T. AT&T filed counter-claims seeking to have the court declare YOU HAVE MAIL, IM, BUDDY LISTŪ, YOU'VE GOT MAIL, and the mailbox logo are generic as a matter of law.

On June 16, 1999, the Court held a Status Conference and indicated to the parties that Summary Judgment would be entered in favor of AT&T concerning YOU HAVE MAIL, IM, and BUDDY LISTŪ. This ruling involves YOU'VE GOT MAIL which was never used by AT&T so the motion was dismissed as moot.

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