AT&T can use 'You've got mail'

Published: Wednesday, January 06, 1999


AT&T maintains that it's a commonly used English phrase and AOL cannot claim an exclusive right to it.

The issue landed in court after AT&T started using the phrase in December on its WorldNet e-mail service, and Dulles-based Internet provider AOL sought a temporary restraining order.

When AOL subscribers get electronic mail, a computer voice announces ''You've got mail'' and the message ''You have mail'' appears on the screen.

AOL's use of the phrase went beyond computers with the release of the movie ''You've Got Mail,'' starring Tom Hanks and Meg Ryan as e-mail pen pals.

However, on Dec. 24, U.S. District Judge Claude Hilton of Alexandria rejected AOL's request that he block AT&T from using ''You have mail.''

There was no likelihood AOL would suffer irreparable harm if the request was denied, the judge said.

The judge also refused to block AT&T from using ''Buddy List'' and the abbreviation ''I M'' with its free instant messaging service.

AOL said it had registered ''Buddy List'' as a trademark for the address book in its own instant messaging service and has applied for a trademark on ''I M.''

The judge did not elaborate, and his law clerk also would not give details.

Hilton did not stop the case from going to trial, although no trial date was set.

AT&T told the judge AOL is trying to claim exclusivity for commonly used English words and terms that are familiar on the Internet.

''We feel this sort of overreaching by one company raises serious concern about whether AOL is truly committed to keeping the Internet an open platform,'' said James Cicconi, AT&T's general counsel and executive vice president for law and government affairs.

AOL believes the case has nothing to do with keeping the Internet open, but instead involves a company's right to retain a valuable trademark, a spokeswoman said.

''AT&T is trying to free-ride on a term that has widely and historically been used on America Online,'' said AOL spokeswoman Tricia Primrose.