CANNABIS WEBSITE WINS DOGFIGHT OVER STEALTH JET BRAND

It can build aircraft that are invisible to enemy radar and travel at
three times the speed of sound, but Lockheed Martin met its match when
it took on a small shop in Bexleyheath that sells cannabis
paraphernalia.

The multibillion-dollar company brought a complaint against Skunk
Works, motto "In the leaf we trust", over the domain name
www.ukskunkworks.co.uk .

The web address should be awarded to Lockheed Martin, lawyers for the
aircraft manufacturer claimed, because Skunk Works is the name of its
secret research laboratory in California where it developed the F-117
Nighthawk stealth fighter and the F-22 Raptor. It was also responsible
for building the U-2 spy planes that flew over the Soviet Union during
the Cold War.

The aircraft manufacturer sent a 1,000-page document to Nominet, the
company that administers British domain names, in October asserting
that it was already the owner of several European trademarks for
"Skunk Works" and that the cannabis accessories shop was sullying its
reputation.

The Bexleyheath business responded in November with a single sheet of
paper. It won both the first hearing in January, when Nominet
dismissed the complaint, and the appeal at the end of last month.

Max Mulley, owner of the London shop, said that Lockheed Martin's
claim that customers would be confused was ridiculous. "I don't know
what the confusion would have been - they sell aeroplanes and we sell
smoking equipment. They are a multimillion-dollar company making
aeroplanes and we're a small shop in Bexleyheath."

Mr Mulley, who estimates that his shop makes about UKP2,000 a month, did
not hire any lawyers for the case. "I've done it all myself. They've
got highflying lawyers. I'm guessing the whole thing has cost them
about UKP40,000."

Lockheed Martin declined to comment on how much it had spent, but said
that it was considering other options. "Lockheed Martin respectfully
disagrees with the conclusions of the panel but plans to continue to
enforce its trademark rights in its famous mark." It could attempt to
bring a claim against the shop for trademark infringement at the High
Court, but a legal expert told The Times that the case would be
difficult and expensive.

Mark Hickey, of Murgitroyd and Company, said that Lockheed would have
to argue that it was an upstanding company and that its reputation was
being undermined.

"The argument would be that it is like taking the name Rolls-Royce and
using it on toilet cleaner," he said. "But it is difficult to see on
what basis they could win because you need to have a presence in the
mind of the consumer in the first place. Skunk Works is not
Rolls-Royce."

The judging panel for Nominet disputed the claim from Lockheed Martin,
also known as LMC, that British consumers would associate "Skunk
Works" with aircraft manufacture.

"LMC's original use of the name 'skunk works' was humorous, and a
sense of humour may be appropriate to this situation," it said. "There
may be some comfort for LMC in the fact that many people have as
little wish to be associated with military aircraft as have LMC to be
associated with illegal drug use."