Adam Curry was an MTV video disc jockey (“VJ”) and host of the popular Headbanger’s Ball and MTV Top 20 Video Countdown. In the early days of the Internet, when VJs had big hair and many major companies (including MTV) were not yet online, Curry dreamed up the idea of a website with the address “mtv.com.” 

In June, 1993, Curry met with MTV vice president Matthew Farber to discuss his idea and ask if MTV would become his partner. Farber told Curry that MTV was not interested in mtv.com, but that Curry was free to register and develop the site at his own expense. And he did. Many MTV employees, including senior executives, encouraged Curry’s efforts, even giving him materials to upload to the site. Curry and other VJs advertised mtv.com on air. 

In late 1993, MTV began exploring its own online presence. It formally requested that Curry cease use of the mtv.com address. But Curry continued his site, which had already been accessed by millions. 

MTV sued Curry for trademark infringement, and Curry counterclaimed for breach of oral contract. MTV moved to dismiss Curry’s contract suit, claiming that the promise between MTV and Curry required a writing because it could not be fully executed within one year.

Questions:

1. Did an agreement for rights to a web address require a writing?

2. What was MTV’s argument for why this contract was required to be in writing?

3. Why did the court side with Curry in this case?