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Username: Garry Anderson
Date/Time: Sun, March 17, 2002 at 6:32 AM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows 98
Score: 5
Subject: Lobby over-reach of trademarks is corruption

Message:
 

 
Many small untrademarked businesses are being stopped from using their name.

Let us use the example word 'apple' - but it could be ANY word, words or initials.

There is a barrel of 'apples' just in London (many likely registered) - going alphabetically - Adams Apple, Apple Air, Apple Appointments, Apple Blossom, Apple Centre, Apple Clinic (dental) - then we get to Apple Computers (UK) Ltd - and so on - and so on.

Now, let us try in my local area phone book (Bury St. Edmunds and District): Apple 2000 in Culford, Apple Car in Attlebrough, Apple Centre (fruit growers) in Denham and Apple Garages in Diss.

Most local businesses all over the world are likely unregistered - arguably the majority of businesses are. Should they all defer to Apple Computers - or the first to over-reach trademark to claim any words as their own in UDRP or Sunrise in so-called 'open' gTLD?

I have known for long time, like some of you, that domains are unlimited resource and millions of TLD are possible. Indeed Karl Auerbach said on the ALSC forum (6 Jan 2002), that several years ago he and some folks from the Boston Working Group) had a working root with several million TLDs.

You could use apple.anything for personal use or perhaps to hold on for later business use. Like those in your own local area - you can start any business using any name - providing you are not 'passing off' as a current business. There are laws to stop you doing this.

You could be Apple Pizzas or Apple Cabs or Apple Anything.

How can you be squatting on anyones personal property - if it can be used by others?

WIPO determines that domains are "identical or confusingly similar" to trademarks.

ALL domains are "identical or confusingly similar" to trademarks.

Registered trademarks have RTM symbol to give warning, to advise the public that mark is legally registered and protected in law.

A new TLD of .REG will do the exact same thing - and much more.

The authorities know this and hide it from the public.

They are corrupt.

Many in authority have read these posts about all the different frauds and trademark abuse - by both those with and without Trademark.

Yet they have done nothing - they are all just as guilty:

"The only thing necessary for the triumph of evil is for good men to do nothing."

Edmund Burke (17291797), Irish philosopher, statesman.
 

Link: WIPO.org.uk


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