[ga-rules] Re: Making Yourself Understood

["List Admin" <patrick@quad.net.au>]

From: William S. Lovell <cereba@OregonVOS.net>
To: Patrick Corliss <patrick@quad.net.au>; ga-rules <ga-rules@dnso.org>
Cc: Darryl Lynch <dassa@dhs.org>; [ga-roots] <ga-roots@dnso.org>
Date: Thu, 07 Jun 2001 09:44:43 -0700
Subject: Re: [ga-roots] Making Yourself Understood


Patrick Corliss wrote:

> Hi Dassa
>
> But even people with expertise have gaps in their knowledge -- areas where
> they are not at home with the subject matter.  I'll give you a simple
> example and that is the concept of "service mark" in relation to
> intellectual property.  I know what a Trade Mark is but what is a "service
> mark"?  Is that something only found in the United States.  I haven't
heard
> of it in the UK and I'd be surprised if it is familiar to most Australians
> (like you and I).

Here's more than you wanted to know about service marks.  (I'm breaking
my rule: don't pop out with a single response to a single email; put it some
place where, if it's any good, everyone can have it as a permanent
reference)

In the U.S., the Federal Government has jurisdiction only over those things
over which jurisdication is granted under the Constitution.  In that, there
is
the
Commerce Clause, and for jurisdiction to be had by the USG, something
must have been sold, transported, etc., in "interstate commerce": if I sell
widgets only in Oregon, or serve clients only in Oregon, I cannot get a
Federal trademark or service mark registration.

As to what those are, what in fact can be sold or transported in interstate
commerce are either goods or services.  Goods meet the requirements
when the items are shipped interstate, and the items themselves, or the
box they come in, etc., are labelled with the mark (a logo, for example)
on which one claims trademark rights.  Services, such as my law practice,
do not involve shipping something that was manufactured, etc., but only
you send me paper work, I send some back, I call you, you call me,
etc. If you are in a different state (or nation), then the activity I just
stated
constitutes doing business in interstate commerce, and I can claim a mark
(my logo, for example). That would be to claim a service mark.  Once one
gets beyond that, i.e., identifying the nature of the beast being talked
about,
all of U.S. trademark law treats the two identically the same.

(Here's my favorite question(s): how does the mere registration of a domain
name, with no web site having been posted or anything like that, constitute
"doing business in interstate commerce? In the AntiCybersquatting Protection
Act, which specifically abjures any regard for goods and services, how does
the Congress then have any jurisdiction thereover? A Federal Judge in a case
I was doing so neatly side-stepped answering that question you would think
he was Fred Astaire.)

Long winded, I know. Given the scope of everyone's interests here, I'd
be for adding something less verbose into this or that dictionary, "what
is,"
or whatever. Someone tell me how to do that and I will.

Bill Lovell

>
>
> Certainly neither of us are lawyers (as far as I know).  We may or may not
> be programmers.  If a person onlist was given the acronym "IP" it is
equally
> likely that their background would make them think "Intellectual Property"
> or "Internet Protocol".  Not necessarily both.
>
> The terms IPv8 and IPv16 are particularly specialised.  It is my view that
> people referencing such unfamiliar terms really do have a responsibility
to
> make themselves understood at least to the general level of expertise
> expected on a mailing list relating to domain policy.
>
> Very few people have the ability to communicate clearly.  In fact some of
> the disagreement on alt roots can be traced to a difference in
> interpretation of terms like "name space".  This is why scientists and
> similar professionals take care to define their terms.
>
> The argument is then not about meaning but about the fundamental
underlying
> reality.
>
> I also think this topic ought to be discussed on GA-RULES.

Cross-posted this one time only to GA-RULES.  (Forgive me,. Patrick!)

>
>
> Best regards
> Patrick Corliss
>
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