The popular toronto.com Web site, jointly owned by subsidiaries of the corporate giants Torstar and Bell Canada Enterprises, is suing two men for $500,000 in damages plus costs, alleging that the Web address of their self-proclaimed "Internet community centre" - www.Toronto2.com - is meant to confuse the public into thinking the two sites are one and the same.

The suit, filed June 24 in the trial division of Federal Court names artist Ritchie Sinclair and inventor Garth Cole of Friendship Enterprises.

Working without legal representation so far, the men filed a statement of defence on Aug. 19. It says toronto.com's claim, as well as its motion for an injunction against the Web site operated under that name, "are misleading, deceptive, and fraught with lies."

Mr. Sinclair's attempt to swear a required affidavit by yesterday's deadline went awry because he had made some small errors, he said, adding that a lawyer's services are now being sought.

"This is about as far as I take it," said Mr. Sinclair, "I don't want to be the one to say, 'I object.' I'm not sure where you're supposed to say it."

Mr. Sinclair said he previously approached three of four other lawyers.

"For one reason or another they are not comfortable with the Internet trademark stuff, not comfortable with Bell and The Star, even though they really like the case," he said
Neither the management of toronto.com nor its lawyers could be reached for comment.

Toronto.com us a limited partnership among: Metroland Printing, Publishing & Distributing Ltd.. a subsidiary of Torstar, which publishes the Toronto Star; Bell Actimedia Inc., a subsidiary of Bell Canada Enterprises, which publishes the yellow pages; and CitySearch Canada Inc., a subsidiary of a California company that operates "search directory" Web sites across the United States. The site offers news from the Star, information from community groups, retailers, clubs, bars and other entertainment venues.

Toronto2, where site construction has ceased until this case is settled, is more intended to open up the Internet to individuals, with e-mail and Web page construction services offered, said Mr. Sinclair. But pages would also be offered to businesses, and both sites would compete for advertising.

The statement of claim says the trade name toronto.com has been in use since as early as Dec. 31. 1997 and was registered in April, 1998, with Network Solutions Inc., an organization that allocates electronic addresses on the Internet. The defendants, however, only registered their address in February, 1999.

Since March, 1998, toronto.com has averaged 96,000 page views per day.
"By reason of this continued use, making known, and advertising of its Trade-marks and domain name, the Plaintiff has acquired a valuable reputation and goodwill in association with its Trade-marks in Canada," the statement says.
It further claims that the wares and services offered by Toronto2.com are identical to the plaintiff's.

"The Defendants have intentionally adopted the mark Toronto2.com in order to pass off their wares, services and business as those of the Plaintiff and to unlawfully profit from the goodwill acquired by the Plaintiff in association with its mark."

Local businesses such as bars and clubs that pay to set up pages at toronto.com - the Web site company refers to them as "independent contractors" - sign over copyright of that promotional material. Thus, it sees Toronto2.s attempts to use any of that same information as copyright infringement.

The statement of defence denies any such infringement and describes the differences between the Web sites, including the appearance, names and addresses.

"Our branded identity and image which appears many times throughout our Web site pages is the catch-word "Toronto2"... "It is not joined with the '.com' suffix, which is how toronto.com markets its brand.

There are now more than 40 Web sites beginning with the word "Toronto" and ending in ".com", the defence statement says. "Do the plaintiffs really intend to sue everyone?"

The defence statement also denies toronto.com has or might suffer irreparable harm.
"A site receiving 96,000 page views a day has nothing to fear from a small community forum that to date has received an average of five visitors a day." it says.

Mr. Sinclair, despite his mostly Scottish ancestry, is a protégé of Norval Morrisseau, the Ojibway shamanistic artist. One of Mr. Sinclair's works - 28 linked canvas panels created as the centrepiece for the first Toronto International Powwow at SkyDome in 1994 - used to hang from the cathedral-like ceiling of BCE Place, named for the conglomerate whose subsidiary is now suing him.