December 27, 2001
Subject: Solution to Trademark Conflict
Regarding Cyber Tussle: Sucks.com sites test laws governing the Web
http://www.metrotimes.com/editorial/story.asp?id=2773
You may be interested to hear that the authorities know the solution to
trademark and domain name conflict. It has been ratified by honest lawyers - and
the USPTO has virtually admitted it.
The problem being - big business and legal profession do not want it.
It appears every word is trademarked, most many times over. MOST share the same
words or initials with MANY others in a different business and/or country. For
example, the World Trade Organization (WTO) shares its initials with six
trademarks - in the U.S. alone.
Even the common words you learnt with your A B C's - apple, ball, and cat. You
cannot make your own small business using a dictionary word, it is bound to
conflict with some trademark or other. Caterpillar tractors claimed 'cat' is
'their' trademark on the Internet - even though hundreds of trademarks use the
word 'cat' - in U.S. alone (see for yourself).
Conflict is IMPOSSIBLE to avoid - yet trademarks and domains can be made
compatible.
Big business want to abuse their trademark, claiming sole rights to words they
share with others.
Even descriptive words like 'the shops at willow bend.' What are further shops
built around Willow Bend to be called - 'the buildings that sell stuff at willow
bend'?
The legal profession who are making a lot of money, of course, do not want to stop
the cash cow. I have heard every excuse from them - it is all a load of spin
(falsehoods). Though what they say sounds right, it is spin - see my site for
usual excuses.
The authorities know a restricted TLD is required to replace registered
trademark symbol - otherwise they abridge the use of words (violating First
Amendment) - so are corrupt not to use it.
Good luck with your case - you will need it.
