"This time in '99": Porsche sues 130 Web sites

Porsche has filed charges against 130 Web sites for infringing on its trademarks. But, for once, it won't be the people who registered the Web addresses standing in the dock.

In an unprecedented case, Porsche is filing the charges against the domain names themselves. If it wins, the Web sites could be deleted without their owners even being informed.

The company claims this tactic is necessary because some of the sites are operated anonymously from offshore locations, and some contain pornographic material. Porsche stated yesterday that it will attempt to notify the registrants of all 130 sites, and invite them to explain themselves in court, however, there is no guarantee they will be reached.

Porsche's strategy relies on a legal term called 'in rem', meaning 'against the thing' - which means that personal liability is not at issue. The US District Court of Virginia will hold the relevant Web domain certificates throughout the trial. Network Solutions, the agency that manages .com and .net addresses, has agreed to hand them over for this purpose.

Most of the Web addresses that use the word "Porsche" are either fan clubs or dealers in spare parts. But Porsche believes it also has rights to misspellings of its names. Bob Carlson, general manager of public relations at Porsche, told Silicon.com: "I don't know if we have trademarked 'Porsch,' but if we can prove in a court of law that it misleads consumers, then it will be considered a violation."

Porsche hopes the court hearing will persuade some of the Web sites to license its trademark and possibly pay for the privilege. Negotiations are underway to this effect.

Carlson said the trial will be held as soon as possible, but he expects "far less than half" of the trademark infringers to turn up in court.