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Domain litigation dismissed


Updated

A lawsuit filed in California against an Austin businessman has been dismissed for lack of jurisdiction, according to attorneys involved in the litigation.

But it could be refiled in Texas if the company making the claim wished.

The lawsuit stemmed from the registration of the domain name http://www.unicom.com by Chip Rosenthal, founder of Austin-based Unicom Systems Development.

Mission Hills, Calif.-based Unicom Systems Inc. filed the lawsuit in United States District Court in the Central District of California in an effort to get the domain name.

USI alleged in the suit that the registration infringed upon the company's trademark.

Rosenthal owns the consulting business that filed for the domain name in 1990 and says he was "delighted" by the court's dismissal.

The court dismissed the case citing a lack of personal jurisdiction, which means the case could be moved from California to Texas should USI decide to take that action.

Gerard Kilroy, senior legal counsel with USI, says the company is deciding what course it will take in the lawsuit. He says the firm could appeal in California, take the case to Texas or could drop it. The company has until March to file a California appeal