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[gnso-idng] Picking up where we left off ...
- To: gnso-idng@xxxxxxxxx
- Subject: [gnso-idng] Picking up where we left off ...
- From: Eric Brunner-Williams <ebw@xxxxxxxxxxxxxxxxxxxx>
- Date: Tue, 26 Jan 2010 09:47:59 -0500
All,
Now that we've all had some time to reflect, are we able to now agree
on a comment to the Council on the question of "similarity", or
"probability of user confusion", and related issues we've identified?
To advise them that there are instances where confusion results in no
harm, and more importantly, where "confusion" creates benefit.
To advise them that the present "similarity" or "probability of user
confusion" tests are more complex than the prior "visually similar"
test, and there are several potentially adverse consequences.
To advise them that not all applications will be independent, and that
within the dependent applications (same author or cooperating
authors), rules that assume independence of application will have
adverse consequences.
Eric
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