Re: trademark, company name and domain name (was Avoiding Lawsuits)

[David Collier-Brown <davecb@Canada.Sun.COM>]

John Harvey wrote:
> 
> I propose a thread to consider introducing a mechanism that
> distinguishes between a trademark, company name and domain name.   By
> specifically separating the effects of domain name “association”  one is
> also removing an applicant’s ability to use one iTLD registry against
> another in trademark battles and domain name wars.

  Hmmn...
  The relationship is relevant, so let's broaden the question and
try a few definitions. Feel free to junp in, I'm not really
a historian...


Trademark -- a mark or name used in trade.  Initially a recognizable
	symbol like a coat of arms, but unmistakably of a different
	sort (to avoid the decapitation of the tradesman for
	lese majesty (:-))
		Used to distiguish one maker's work from another,
	and inherently international whenever it was used in anything 		
	that became part of international trade
		Later included logotypes (``logos'') placed on
	company advertizements to symbolize the supplier even
	in cases where there wasn't a product present to have a
	mark on.
		Now includes nanes, like ``coke'', expecially where 
	the name is a portmanteau word.  Like coke.

Company Name -- the place where a lot of the trademarks started.
	``Honest'' Crook's Pottery of Brunchfuddle-on-Tyne used
	a stylized ``CB'' on the back of their plates, which
	was sufficient, short and less embarassing than the whole
	name.
		When companies took over one another's businesses,
	the distinction between trademark (trade name, service mark, 		
	etc, etc) became more evident.  Sudfeldt pottery took over
	Crook's, and chose to retain the CB logo, because the
	Crook really did more honest work than Sudfeldt. Sudfeldt
	was said to ``own'' the CB mark.  But it really doesn't: if
	they had stopped using it, it could be picked up by anyone
	who wanted to.  Courts in that era had enough trouble
	doing non-feudal ``law of the merchant'': they didn't
	grok intellectual property at all.  So it was prohably
	more correct to say that Sudfeldt had the right to use
	the CB mark.  And they also printed handbills with the mark
	on it (as a logo), saying how wonderfull they were and how
	one could buy fine china without trudging off to Brunchfuddle.

Desmene, District, Conty or Manor Name  -- this was the name
	of the biggest thug around.  Like my great(* 10**23)d
	grandfather, Lord Grunch of Fuddle.  Slightly circular,
	since one was usually lord **of** someplace.  Often
	with a flavor of the portmanteau, as when great-grandpa 
	stood on the banks of the Tyne and exclaimed ``Fuddle!
	I'm tired.  We camp here by the water.''

Coat of arms -- a sleeveless jacket with a picture on the front
	and back, sort of like hell's angels wear. Served as
	a sort of trade mark for really big guys with swords,
	Highly sytlized: you were expected to memorize everyone
	important you might meet. Great-grandpa's was a battleaxe
	embedded in a helmet, proper, on gules.  Gules didn't say,
	but I suspect he didn't approve.

Personal Name  -- what you expect.  Mr Crook was George, and great
	grandpa's was Wulf. Mine's Dave.

Domain Name -- The place you find my, grandpa's and George's web pages.
	You find trademarks and coats of arms on the pages.  Like
	manors, they may have a seperate existance 	
	(www.silly.com/~davecb), may be closely related to the
	person or business (www.grunch.fuddle-on-tyne.uk) or actually
	be the trade name of a business (www.cb.com).
		Not necessarily a tradename, but this is very
	common in the commercial world.  Names of desmenes are
	more popular with sword-swinging folks, and categories with
	peasants (wierd.com, reptiles.net, etc).
		Subject to change, as domains are rather new, and
	are having growing pains as a **ton** of people pour into
	.com.

----

  Silly examples aside, there analogs to domain names in our
commercial and military history. 

  As with all analogies, they do not support arguements.  In
fact, arguing rom analogy probably make arguement even less pleasant
than usual.

  However, one can look at the analogous case, and infer the
**reasons** that certain things were done, and use those
reasons to argue for or against issues in the current case.

--dave
-- 
David Collier-Brown,  | Always do right. This will gratify some people
185 Ellerslie Ave.,   | astonish the rest.        -- Mark Twain
Willowdale, Ontario   | davecb@hobbes.ss.org, canada.sun.com
N2M 1Y3. 416-223-8968 | http://java.science.yorku.ca/~davecb