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Technology Stocks : InfoSpace (INSP): Where GNET went! -- Ignore unavailable to you. Want to Upgrade?

To: brk who wrote (6376)	5/29/1999 5:38:00 AM
From: B. A. Marlow	Read Replies (1) \| Respond to of 28311

There really is no "positive" aspect of brand confusion for us, brk. And if there ever were, say, last November when DIS was talking about the imminent launch of its "Go Network"--GNET was virtually unknown and had no portal--there certainly isn't now. I don't know what Russell has said publicly about the confusion, but it's not a good situation and it drags on. GoTo.com, Inc. filed for an IPO registration on April 16th and intends to use the symbol, GOTO. (In 1998, GOTO had revenues of $822k and a loss of $13.7mm, not terribly impressive.) GOTO, backed by Bill Gross' (founder of Knowledge Adventure Software) incubator, idealab!, is suing DIS for trademark infringement in its use of "Go" for the DIS/SEEK Go Network. GNET may actually have the oldest claim to the "Go" brand and may be negotiating with DIS or may be waiting for the outcome of the GOTO case. Then there's the question of GNET vs. GOTO on rights to "Go." Who knows?! I strongly urge those who attend the GNET shareholders' meeting next month to ask management where this issue stands and try to elicit a declaration on how GNET would realistically like it to be resolved. In the meantime, neither GoTo.com nor the Go Network is going away, leaving users and investors manifestly confused. It's a mess. One possible "solution" would be for GNET to rename itself "GNET" and forget about "Go." Still, if we're entitled to compensation for giving up our claim, then we need to collect it. BAM Web site for idealab! (GoTo.com, e-Toys, Free-PC, etc.) idealab.com Highlights of GOTO's IPO: ipo.com From GOTO's IPO filing on the status of "Go" service mark issues: freeedgar.com We are aware that certain other companies are using or may have plans to use the terms "GoTo," "Go," "Go2" and variations of these terms as part of a company name, domain name, trademark or service mark. In addition, we have received notice from companies claiming superior rights to marks such as these. We cannot assure you that additional companies will not claim such superior rights or that we will not be subject to infringement claims. A successful infringement claim by the owner of a mark including "GoTo" or a variation could require us to change our name, which would be expensive and disruptive to our business. Further, despite our efforts to protect our proprietary rights, unauthorized parties may attempt to copy or otherwise obtain and use our services, technology and other intellectual property, and we cannot be certain that the steps we have taken will prevent any misappropriation or confusion among consumers and advertisers. We are engaged in litigation that will be expensive to pursue and will be distracting to our management and other employees. Any adverse developments resulting from this litigation could seriously harm our business. We believe that The Walt Disney Company and certain of its affiliates, including Infoseek Corporation, are infringing our GoTo.com logo. On February 18, 1999 we sued these companies and two affiliated companies in the United States District Court for the Central District of California alleging violation of federal trademark law and unfair competition. Our lawsuit is based on the use by these companies of a "GO" design mark to provide Internet services, including a search engine in connection with their "Go Network." We are seeking to prevent these companies from using this "GO" design mark as well as other remedies. The lawsuit is at a preliminary stage, and we cannot assure you that the outcome of this litigation will be favorable to us. For example, we may not prevail and be able to stop these companies from causing confusion among consumers and advertisers through continued use of the "GO" design mark. In addition, these companies could file counterclaims or separate lawsuits or other proceedings against us, possibly seeking to prevent us from using the GoTo.com logo or other relief. An unfavorable result could affect the value of or even prevent us from using the GoTo.com logo.