LV Internet company in dispute with health care giant

Wednesday, May 17, 2000 | 11:01 a.m.

A Las Vegas provider of online pharmaceutical supplies is seeking a judgement that declares its use of the "prescriptionsbymail.com" domain name isn't infringing the trademark of health insurance giant Aetna Inc. of Hartford, Conn.

In a U.S. District Court suit, PBM Pharmacies Inc., which says it is the owner of all rights to the domain name, said it took legal action as a preemptive strike against alleged threats by Aetna to sue PBM for trademark infringement.

The suit said Aetna, which said it is the owner of the PRESCRIPTIONS BY MAIL trademark, "openly and unequivocally threatened" PBM in an April 25 letter.

PBM argued in its suit that it had no intention to stop using the domain name because "the PRESCRIPTIONS BY MAIL registration is merely descriptive and therefore not entitled to protection, and is not infringed."

Aetna officials could not be immediately reached for comment.

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