RE: Let the games begin

["G. Gervaise Davis III" <ggd@iplawyers.com>]

On 18 Nov 96 at 16:46, Jim Browning wrote:

>From:  Bob Allisat[SMTP:tor@wtv.net]
>Sent:  Monday, November 18, 1996 4:21 PM
>
> As it now stands a US backed committee
> (IAHC) is attempting to determine what
> is the appropriate course of action for
> the whole darned planet. Highly dangerous
> legally speaking and very unsatisfactory.

Bob, can we dispense with the repeated legal threats?  They are highly
counter-productive in an open forum, and rarely have the desired
effect when used in a business environment.  Are you deliberately
attempting to stifle productive discussion by making people wary of
their own shadow? 
 The IAHC has legal counsel to provide advice on liability.  I'm sure
 I 
speak for many when I ask you to please give the litigation references
 a rest...

And by the way, 40% of IAHC membership is from outside the US.  While
this 60% US involvement may not be ideal, it is not out of line with
most measures of worldwide Internet participation I have seen.  In
fact the Asian Wall Street Journal (quoting the ITU and ISOC as
sources) recently showed the US as having about 67% of all "Internet
users".  And no, I have no idea how the data was derived, but heck,
when a statistic supports your argument.... -- Jim Browning

>>>>>>Jim -

I dont see his comment as a threat, but a certainty.  As an 
intellectual property lawyer of 38 years experience, I fear that the 
problem is not the threat of litigation, but simply the fact that the 
Internet has created some monumental legal issues in the 
international arena, where nearly all existing laws are national in 
nature.  IAHC and others similarly situated simply cannot hope to 
deal with the TM issue, which will require international negotiations 
and treaties that many lawyers and government folks have in good 
faith tried for years to do - without success.

No matter what percentage of users are in the US, these problems must 
be taken up and discussed on a world wide basis.  For example, I have 
been told by a very knowledgeable french lawyer that domain names 
cannot possibly be T M's under existing french law, and that when the 
Mintel system started similar arguments were made and ruled on, 
stating that a Mintel address was not a TM.  How can we in the US 
make rules that apply in France or to French businesses?

I respectfully suggest that IAHC get the Internet operations out of 
the TM arena and stick to the technical matters that we so 
desparately need to resolve with the fantastic growth of the Internet 
and its use by businesses and individuals.  Send the issue to 
Congress and VP Gore and let them work on it in the international 
arena.

gerry davis

G. Gervaise Davis III, Business and Intellectual Property Lawyer
Davis & Schroeder P.C., P.O. Box 3080, Monterey, CA 93942
voice - 408.649.1122      facsimile - 408.649.0566
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