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Username: Garry Anderson
Date/Time: Sun, January 20, 2002 at 5:08 PM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows 98
Subject: Secretary Evans is ultimately responsible

Message:
 

 
They are all expert at Truth avoidance.

The USPTO and DOC have avoided telling the Truth since first communicated with them.

I have never received a complete answer.

This is small part from fax sent 10 July 2000 to USPTO (fourth since 19 June):

I asked about you communications to ICANN:

1. Did you inform them that they would have to including the classification (or sub class) in the domain name, as they are likely to cause consumer confusion if they do not? See the many cases for example.
2. Did you inform them that they would have to including the country of TM in the domain name, as they are likely to cause consumer confusion if they do not? Example Domino.com is a UK company, and also not a pizza business.
3. As you well know, many businesses share the same trademark name in different classes. Also potentially thousands more may use the same name in different countries. Many of those with the same goods or services. Did you not warn ICANN, that for just ONE company to be known by that ONE name worldwide would be unfair to ALL the other holders of that name?

You are doing nothing, permitting one company name to dominate the Internet, sanctioning the misuse of trademarks for anti-competitive purposes. This is UNLAWFUL activity.

*******************

This is the reply in full. As you can see - they start as they continued - and avoided the question.

Dear Mr. Anderson:

This is in response to your inquiry regarding trademarks, the Internet Corporation for Assigned Names and Numbers (ICANN), and ICANN's Uniform Dispute-Resolution Policy (UDRP).

On July 1, 1997, as part of the Administration's Framework for Global Electronic Commerce, the President instructed the Secretary of Commerce to privatize the Domain Name System (DNS) in a manner that increased competition and facilitated international participation in its management. On June 5, 1998, the National Telecommunications and Information Administration (NTIA), an agency within the Department of Commerce, issued the "Statement of Policy on the Management of Internet Names and Addresses" (the "White Paper"). All of the Department of Commerce press releases relating to this Statement, including information regarding requests for public comments, are available from the NTIA website.

As you know, Uniform Resource Locators (URLs) and generic top-level domain names (gTLDs) are not "registered" at the United States Patent and Trademark Office.

The World Intellectual Property Organization's report titled "The Management of Internet Names and Addresses: Intellectual Property Issues" (the "Final Report"), is available at http://wipo2.wipo.int.

We trust that the information above if fully responsive to your inquiry.

Sincerely,


Eleanor K. Meltzer
Attorney-Advisor
Office of Legislative and International Affairs

*******************

I am still waiting for Secretary Evans to answer this simple question:

Is identifier, like , class & country ESSENTIAL to identify trademarks on the Internet?

If not - how else can they all be made unique and totally distinctive, as the LAW requires trademarks to be?

If not - how else can the public be warned and advised that the mark is legally registered and protected in law?
 

Link: WIPO.org.uk


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