Dennis Toeppen

Last updated
Dennis Toeppen
Born1964 (age 58–59)
Mount Prospect, Illinois
EducationBS, BS, MS, MBA
Alma mater University of Illinois at Urbana-Champaign
Northwestern University
University of Chicago
Years active1983–2019
Known forDomain Litigation, Bus Transportation
Website toeppen.com

Dennis Toeppen (born 1964) is an American entrepreneur and owner of bus company Suburban Express. He was a party to two cases of first impression relating to domain name registration.

Contents

Early life and education

Dennis Eric Toeppen grew up in Mount Prospect, Illinois. He graduated from Prospect High School in 1982 and enrolled at the University of Illinois at Urbana–Champaign, majoring in electrical engineering. He later changed his major to business, and graduated with a BS in Finance in 1987. [1] Thereafter, he attended the University of Illinois at Urbana–Champaign, where he earned a BS in Economics, Northwestern University, where he earned an MS in Transportation, and University of Chicago, where he earned an MBA. [2]

Domain registration & trademark litigation

In 1995, Toeppen registered about 200 internet domain names including some which were similar to well known companies and popular trademarks. [3] Some of them included panavision.com (Panavision), deltaairlines.com (Delta Air Lines), neiman-marcus.com (Neiman Marcus), eddiebauer.com (Eddie Bauer) and yankeestadium.com (New York Yankees). [3] Some of these companies, like Delta Air Lines, [4] paid Toeppen to acquire the domain names from him. [5]

In 1996, Panavision, a camera manufacturing company, sued Toeppen for trademark infringement instead of paying him $13,000 for the domain. In 1998, the court ruled that Toeppen had to relinquish the domain name to Panavision. [3] [6] [7] [8] In a similar case brought in 1996, Intermatic Inc., a timer manufacturing company, sued Toeppen rather than pay him $5,000 for the domain name intermatic.com. [9] The court ruled that the domain be transferred to Intermatic but ruled Intermatic had not proven willful trademark infringement or unfair competition. [10]

Both the Panavision and Intermatic cases were matters of first impression for the U.S. Courts in dealing with trademarks and domain registrations. [11] The practice of registering trademarked words as domains for sale to trademark holders became known as Cybersquatting , a term that was first used by a court in 1998. [12] [13] In November 1999, after the Panavision case had ended, and while Intermatic Inc. v. Toeppen was still pending, the United States gave trademark holders a cause of action against registrants of domain names containing trademarks, in the Anticybersquatting Consumer Protection Act. [5]

By 2023, Toeppen's domain sales from the initial domain registrations totaled more than USD 2 Million. [14]

Bus transportation

In 1983, Toeppen founded Suburban Express to provide transportation from University of Illinois to Chicago Suburbs. Toeppen attacked monopolist Greyhound Lines using a novel approach not subject to regulation as a public utility. By 1985, Toeppen had captured approximately 50% of Greyhound's ridership. [1]

Toeppen also started Allerton Charter Coach, Inc., a charter bus company with three buses and four vans as of 2014. It operated as a subcontractor for Suburban Express. [15]

Suburban Express and Allerton Charter Coach stopped operating in May, 2019, "I stopped enjoying this business around 2001, and I think it’s beginning to show." [16]

Related Research Articles

Reverse domain name hijacking, occurs where a rightful trademark owner attempts to secure a domain name by making cybersquatting claims against a domain name’s "cybersquatter" owner. This often intimidates domain name owners into transferring ownership of their domain names to trademark owners to avoid legal action, particularly when the domain names belong to smaller organizations or individuals. Reverse domain name hijacking is most commonly enacted by larger corporations and famous individuals, in defense of their rightful trademark or to prevent libel or slander.

<span class="mw-page-title-main">Greyhound Lines</span> North American intercity bus service

Greyhound Lines, Inc. (Greyhound) is a company that operates the largest intercity bus service in North America. Services include Greyhound Mexico, charter bus services, and Amtrak Thruway services. Greyhound operates 1,700 coaches produced mainly by Motor Coach Industries and Prevost serving 230 stations and 1,700 destinations. The company's first route began in Hibbing, Minnesota in 1914 and the company adopted the Greyhound name in 1929. The company is owned by Flix North America, Inc., an affiliate of FlixBus, and is based in Downtown Dallas.

Domain name speculation, popular as domaining in professional jargon, is the practice of identifying and registering or acquiring generic Internet domain names as an investment with the intent of selling them later for a profit.

<span class="mw-page-title-main">Trademark dilution</span> Concept of weakening a trademarks uniqueness used to grant protection for trademark rights

Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness. In most cases, trademark dilution involves an unauthorized use of another's trademark on products that do not compete with, and have little connection with, those of the trademark owner. For example, a famous trademark used by one company to refer to hair care products might be diluted if another company began using a similar mark to refer to breakfast cereals or spark plugs.

The Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d),(passed as part of Pub. L.Tooltip Public Law  106–113 ) is a U.S. law enacted in 1999 that established a cause of action for registering, trafficking in, or using a domain name confusingly similar to, or dilutive of, a trademark or personal name. The law was designed to thwart "cybersquatters" who register Internet domain names containing trademarks with no intention of creating a legitimate web site, but instead plan to sell the domain name to the trademark owner or a third party. Critics of the ACPA complain about the non-global scope of the Act and its potential to restrict free speech, while others dispute these complaints. Before the ACPA was enacted, trademark owners relied heavily on the Federal Trademark Dilution Act (FTDA) to sue domain name registrants. The FTDA was enacted in 1995 in part with the intent to curb domain name abuses. The legislative history of the FTDA specifically mentions that trademark dilution in domain names was a matter of Congressional concern motivating the Act. Senator Leahy stated that "it is my hope that this anti-dilution statute can help stem the use of deceptive Internet addresses taken by those who are choosing marks that are associated with the products and reputations of others".

The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names. The UDRP currently applies to all generic top level domains, some country code top-level domains, and to all new generic top-level domains.

Laidlaw, organized as Laidlaw International, Inc. was the largest provider of intercity bus services, contract public transit and paratransit, and contract school bus service in both the United States and Canada. In February 2007, FirstGroup, a bus and rail transportation operator in the United Kingdom with subsidiaries in North America, acquired Laidlaw International, Inc. FirstGroup completed the acquisition of Laidlaw International on October 1, 2007, and rebranded Laidlaw services under the First umbrella. The deal combined North America's two largest private school bus operators—Education Services and First Student Inc.—giving them a combined 40% of the school bus contractor market.

<span class="mw-page-title-main">Northbrook Court</span> Shopping mall in Northbrook, Illinois

Northbrook Court is a shopping mall in Northbrook, Illinois with a collection of stores serving the North Shore suburbs of Chicago. Located on 130 acres (0.53 km2) of land, the mall currently features the traditional retailer Neiman Marcus as well as a number of prominent specialty retailers such as Apple, Lululemon, Louis Vuitton, and Tiffany & Co. The mall is in the midst of an expected $750 million update and enhanced development which was unveiled in April 2023.

<i>People for the Ethical Treatment of Animals v. Doughney</i> 2001 lawsuit over cybersquatting

People for the Ethical Treatment of Animals v. Doughney, 263 F.3d 359, was an Internet domain trademark infringement decision by the United States Court of Appeals for the Fourth Circuit. The ruling became an early precedent on the nature of domain names as both trademarked intellectual property and free speech.

Typosquatting, also called URL hijacking, a sting site, a cousin domain, or a fake URL, is a form of cybersquatting, and possibly brandjacking which relies on mistakes such as typos made by Internet users when inputting a website address into a web browser. Should a user accidentally enter an incorrect website address, they may be led to any URL.

Name.com is an ICANN accredited domain name registrar and web hosting company based in Denver, Colorado. The company sells DNS domains, web hosting, email services, SSL certificates, and other website products.

<span class="mw-page-title-main">Greenberg & Lieberman</span>

Greenberg & Lieberman is a national and international law firm based in Washington, D.C. Established in 1996 by Michael Greenberg and Stevan Lieberman, the firm is known for its expertise in the technology-law areas of intellectual property, trademark infringements, domain names, virtual worlds, and software and was listed among 16 influential entities in the field of domain names in 2010. A "boutique law firm", Greenberg & Lieberman credited for being among the first in the world to begin generating a significant revenue and client base via online virtual worlds such as Second Life. Greenberg & Lieberman are also noted for their involvement with media law and military law.

Cybersquatting is the practice of registering, trafficking in, or using an Internet domain name, with a bad faith intent to profit from the goodwill of a trademark belonging to someone else.

Initial interest confusion is a legal doctrine under trademark law that permits a finding of infringement when there is temporary confusion that is dispelled before the purchase is made. Generally, trademark infringement is based on the likelihood of confusion for a consumer in the marketplace. This likelihood is typically determined using a multi-factor test that includes factors like the strength of the mark and evidence of any actual confusion. However, trademark infringement that relies on Initial interest confusion does not require a likelihood of confusion at the time of sale; the mark must only capture the consumer's initial attention.

<i>Zippo Manufacturing Co. v. Zippo Dot Com, Inc.</i> U.S. District Court ruling establishing the Zippo "Sliding Scale" test

Zippo Manufacturing Co. v. Zippo Dot Com, Inc., 952 F. Supp. 1119, was a decision by the United States District Court for the Western District of Pennsylvania finding that a court has personal jurisdiction over a website originating in a different territory, if the website is accessible to Internet users in the court's territory. The case is a landmark opinion regarding personal jurisdiction for courts deciding Internet-oriented disputes, and it is one of the most frequently cited Internet law precedents.

<i>Lamparello v. Falwell</i>

Lamparello v. Falwell, 420 F.3d 309, was a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning allegations of cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark.

<span class="mw-page-title-main">Suburban Express</span> American Midwest bus service

Suburban Express was a bus service that provided transport services to students at six universities in the American Midwest, primarily to and from the Chicago area. Airport shuttles were operated under the name "Illini Shuttle". The company contracted buses from other carriers, and was based in Champaign, Illinois.

Michael Greenberg is an American lawyer, regarded as a legal expert in intellectual property law and patent law. He is a partner of the Washington, D.C.-based law firm, Greenberg & Lieberman, with Stevan Lieberman, established in 1996. As part of the firm, Greenberg has been involved in hundreds of UDRP or trademark infringement disputes and is a well-regarded and experienced litigator, with particular expertise in patent infringement cases.

<i>Hearst Corp. v. Goldberger</i>

Hearst Corp. v. Goldberger was a case out of the U.S. District Court for the Southern District of New York in which the court developed a reasoned framework to determine the proper exercise of personal jurisdiction in cases involving activity in cyberspace. The court determined that it lacked jurisdiction over an out-of-state defendant whose website was accessible to New York residents.

Stevan H. Lieberman is an American lawyer, regarded as a legal expert in intellectual property law and patent law. He is a partner of the Washington, D.C.-based law firm, Greenberg & Lieberman, with Michael Greenberg, established in 1996. As part of the firm, Lieberman has been involved in hundreds of UDRP or trademark infringement disputes, and he is considered a pioneer in the technology-law areas of virtual worlds, domain names and software, cited by CNN as "among the virtual world's earning elite." Among the first lawyers in the world to begin generating a significant revenue and client base via online virtual worlds such as Second Life; he is the co-founder and CEO of two virtual reality websites.

References

  1. 1 2 Rozek, Dan (1985-10-20). "Fare wars - Bus service run by student butts heads with Greyhound" (PDF). Daily Herald (Arlington Heights). Retrieved 2016-02-22.
  2. ↑ "Dennis Toeppen's website" . Retrieved June 20, 2013.
  3. 1 2 3 Bidgoli, Hossein. The Internet Encyclopedia: P - Z. p. 455.
  4. ↑ Wayner, Peter (September 21, 1998). "Compressed Data; What's in a Web Name? Sometimes, Mistaken Identity". New York Times. Retrieved 2013-06-28.
  5. 1 2 Newenham, Pamela (2013-05-30). "Make sure you have control of your domain – or prepare to pay the price". The Irish Times. Retrieved 2013-06-28.
  6. ↑ Spinello, Richard. Cyberethics: Morality and Law in Cyberspace.
  7. ↑ Graham, Lawrence (1999). Legal Battles That Shaped the Computer Industry. Praeger. pp.  135–138. ISBN   1567201784.
  8. ↑ Panavision Int'l, L.P. v. Toeppen, 945 F. Supp. 1296 (C.D. Cal. 1996), aff'd, 141 F.3d 1316 (9th Cir. 1998).
  9. ↑ Peter, Lewis (1996-09-12). "The Internet's Gatekeeper May Cash In on Its Role". The New York Times. Retrieved 20 June 2013.
  10. ↑ "Intermatic Inc. v. Toeppen, 947 F. Supp. 1227 (N.D. Ill. 1996)" . Retrieved 15 June 2016.{{cite journal}}: Cite journal requires |journal= (help)
  11. ↑ "Intermatic Inc. v. Toeppen, 947 F. Supp. 1227 (N.D. Ill. 1996)". 23 March 2001. Retrieved 15 June 2016. As in Panavision International LP v Toeppen...The particular issues in this case were primarily issues of first impression and at the relevant period there was a lack of legal precedent regarding issues arising from the intersection of trademark law and the Internet.{{cite journal}}: Cite journal requires |journal= (help)
  12. ↑ "Avery Dennison v Sumpton". Intellectual Property in Cyberspace: Domain Names & Trademarks. Berkman Center for Internet & Society at Harvard University. Retrieved 15 June 2016.
  13. ↑ Isenberg, Doug. "The Origins of 'Cybersquatting'" . Retrieved 15 June 2016.
  14. ↑ "Dennis Toeppen's website" . Retrieved June 7, 2023.
  15. ↑ "Buses". Allerton Charter website. Retrieved 2014-01-28.
  16. ↑ "Suburban Express shuts down". www.chicagotribune.com. Retrieved 2019-05-09.
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