RE: [wg-b] RE: (wg-b) Issues to Consider

["Roeland M.J. Meyer" <rmeyer@mhsc.com>]

Hello Michelena Halle, Sarah Deutsch, et alia

> assessment.  Famous marks are particularly vulnerable to
> third party abuse
> precisely because of their fame:  Recognizing the trademark
> owner as a "deep
> pocket" numerous members of the Internet have developed a
> sophisticated practice of attempting to register famous marks in the
hope of either
> confusing the public or receiving exhorbitant sums from the
> rightful owners.

Yes, there is an extortion racket. it is by no means the only extortion
racket. Monopolies are yet another extortion racket. That is why Bell
Atlantic is regulated and Viacom should be. Now for the key question,
how well is the WIPO process accepted by the various jurisdictions? If I
follow that process will WIPO indemnify MHSC from all liabilities? The
MHSC point of jurisdiction is State (DE), and Federal.(USA). Can I deny
the Ford Motor Company, in favor of the Ford Modeling Agency, and
neither one can sue me out of my corporate charter? As far as I know,
this isn't the case. The issues I am bringing up is regarding
defensibility of the registry. That's what's on the other end of this
teeter-totter.

> The testimony gathered during the WIPO hearings abounds with
> incidents of such misconduct.  To require rightful trademark owners to
> chase these clear infringers around the globe to protect their rights
only succeeds in
> rewarding the infringers.  Such an impediment will only hurt
> the internet since it will render it more difficult for trademark
owners
> and the public at large to rely on the medium for accurate
information.

Anacdotal evidence, while interesting, doesn't prove much. There is
plenty of anacdotal evidence, regarding the abuses by trademark holders,
as well. This fact repeated gets lost or disregarded, why is that?

> Defining a famous mark is a complex process.  However, WIPO
> spent a great
> deal of time and utilized a great deal of expertise to
> provide us with a
> practical process.  That process should be endorsed and implemented.

Get Judges and  congress-critters to sign-off on the process and MHSC
will be happy to follow it. Until then, I'm fitting MHSC out for a set
of kevlar britches and I won't be excluding much.

BTW, I note that there aren't a whole lot of even nacent registry
operators on this list. Am I the only one from the RSC crowd?

--------------------
Roeland M.J. Meyer, CEO
Morgan Hill Software Company, Inc.
http://www.mhsc.com/
mailto://rmeyer@mhsc.com
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