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Username: Garry Anderson
Date/Time: Mon, December 31, 2001 at 9:43 PM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows 98
Subject: ABUSE OF LAW

Message:
 

 
Thank you very much again Alex;

I will not trouble you much further (I hope).

Given your verbose response, it is now absolutely clear that the spirit of the Law is being abused by Big Business - with the help of Government and authorities.

It goes much deeper than this, but if I could just make a few points.

Keep in mind the reasons for the RTM symbol - to give warning, to advise the public that mark is legally registered and protected in law.

Keep in mind that trademarks are to identify source of goods or services - not claim world rights to a word.

G> Can any lawyer explain why trademarks should have priority over people for these words? Please explain why this does not abridge peoples right to use these words.

> First of all, my response is based on my opinion of case law and common law - i.e. this is what courts and arbitrators have generally ruled in the past.

Domain names were not designed to be trademarks - ask Paul Mockapetris, creator of Domain Name System. He was asked, what do you wish you had invented? His reply, "A directory system for the Internet that wouldn’t be controlled by the politicians, lawyers and bureaucrats."

The whole point of this question was that, because of the OBVIOUS problems (conflict etc), domains could NOT be used as trademarks in the first instance.

The law is being abused to stop justified complaint - even sucks sites have been taken. Indeed, who should be allowed to stop peoples right to use ANY words?

It is OBVIOUS that no company should be allowed to OWN any dictionary WORDS - it stops people using them. It is abuse of the Law.

G> You cannot use registered mark without getting approval for service or goods can you? It is an abuse of the mark.

> Sorry, not exactly sure what you mean by these questions.

It is against the law to use the RTM unless you are LEGALLY registered.

> Once again, it is my experience that this is not true for all non-famous generic words...the complaint was almost always denied...scorpions, lava, peepers, grow, powerstation, Donna, matress, cream.

You are mistaken. This is the VERY TIP OF THE ICEBURG. Words taken by WIPO (alone) include: video net, roller blade, best locks, nitro fuel, tonsil, north face, marketing mix, 0xygen, edentist, state-farm, new-gig, video direct, iphones, open mail, traditions, open view, unicode, southern company, pc gateway, ultra pure water, time keeper, click here, current, beauty co, sound-choice, e-auto-parts, eresolution, body and soul, talk about, esquire, office specialists, crew, praline, the total package, faith net, buy PC, home interiors, big dog, euro consult, music web, RANT...etc.

G> How can Apple Computers be the only one to be allowed to use their mark - out of thousands of others using word 'apple'?

> Apple would probably argue that its mark has greater celebrity.

Sorry - all trademarks are legally afforded the same protection - are they not?

This is just the word apple (shared by thousands)- there are untold thousands of other marks (also shared by thousands), that have the same unfair advantage over others using same words.

What is wrong with replacing the registered trademark symbol with restricted TLD of .REG?

It could perform the same function as the RTM symbol - could it not?

Redirect apple.com to apple.computer.us.reg - to avoid 'consumer confusion', 'trademark conflict' and 'passing off'.

Then apple.newTLD could go to apple.record.uk.reg without any of these problems.

Can you tell the difference between apple.computer.us.reg and apple.record.uk.reg?

Apple Computers can still use apple.com - just redirected to the .reg to avoid these problems.

So problem solved then ;-)

They have perverted trademark law to take charge of the Domain Name System. It is clear that those responsible are corrupt.
 

Link: WIPO.org.uk


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