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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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