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Disney gets yield on stopping Go Logo

As we reported previously [AF 11/16], U.S. District Court Judge Terry J.Hatter Jr. had ordered Disney to stop using its Go Network logo until aftera trial on the matter next year, agreeing with the plaintiff GoTo.com thatDisney's logo was confusingly similar to its own. Now however, it looks asif the green and yellow traffic light logo of Disney's Go.com has gotten astay of sentence at least until December 19, 1999. Soon after the initialruling, a three-judge panel of the United States Court of Appeals for theNinth Circuit stayed the preliminary injunction issued by Hatter. The staysuspends the initial order until an expedited appeal of the order is heldin December. That means Disney can use the old Go.com logo if it wishes.However, Disney may give up on the logo considering the company has said itwill be hit with damages ranging from $2 million to $40 million if it losesthe logo in subsequent hearings. "The decision today is a procedural oneand not a ruling on the merits of the case," said attorney PierceO'Donnell, who is representing GoTo.com. "We are confident that when theNinth Circuit reviews the facts of the case, they will affirm JudgeHatter's preliminary injunction order. We are pleased that the court hasagreed to the expedited schedule for hearing the facts of the case, as bothparties have recommended."

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Rick DeMott
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