In a recent controversial decision, a Wisconsin federal judge has issued a preliminary injunction ordering the owner of eReferee.com to, among other things, stop using the word "referee" either alone or with other words in its domain names, directory names or other computer addresses.
The ruling has raised the ire of Internet commentators who see it as tantamount to giving one company ownership of a generic word. But a closer look at the decision and the surrounding facts shows that the injunction, while perhaps overbroad, does not signal a sea change in Internet jurisprudence.
The facts, as alleged by the plaintiff are as follows: Referee Enterprises, Inc. ("REI") has sold Referee magazine, a publication directed at referees, umpires and related sports officials, since 1975. REI owns trademark registrations for the mark REFEREE and for a "whistle/stripes" logo, both of which have acquired incontestible status. Referee magazine has 33,000 paid subscribers. REI has also operated
