trademark law

[rick@yujean.com (Net Sales) (Net Sales)]

a quick read of the last 24 hours worth of messages reviews to me one
thing.  too many folks writing to this list have no idea of how trademark
law works, in the u.s. or other countries.

altho it is well intentioned to try to develop a system that protects
users, and tries to minimize court costs, trademark issues are vast, the
body of law is long, and it is an issue with much litigation, and
legislative history.  this group, or any internet naming scheme will not
change existing structure; existing structure will be forced (by courts or
police, whichever is relevant) on the net, if the net isn't in compliance.
this may not be fair; it is true, tho.

as the saying goes, your mission, should you decide to accept it, is to
develop a naming scheme that protects users, WHILE complying with current
law.  this group will not succeed in changing trademark law, in the u.s.,
or elsewhere, simply by developing a structure deemed 'fair'.

the internet is open, public, and international.  good, bad, or
indifferent, that's the truth for now.  current laws will apply; ones that
were developed in an earlier, non-internet age, that don't apply, will
hopefully be changed or struck down.  other laws (first admendment comes to
mind) that are broadly based and well thought out will survive and help the
internet grow.

those running the internet, tho, will only succeed in losing any support
from the public, and any control governments can grant if they ignore law,
particularly law that is fairly well thought out, and doesn't impede with
the data flow.

with that in mind, and lots of folks pissed at me, can this discussion move
on to developing naming schemes that work, that don't try to understand
trademark law, that don't try to mediate international trademark disputes,
or circumvent world courts.  i can't imagine it's impossible to develop
standards that are in compliance with existing law; trademark law isn't
that hard, and isn't that unfair.

rick cricow

p.s. i'm not an attorney, i'm a small business owner, with some experience
in trademark & copyright law thru issues arising in my business.  my wife
is an attorney, who specializes in this field.  should anyone have specific
questions regarding law, i'd be happy to pass on her comments, but i'll
warn you that any attorney will be vague and give lots of 'it depends';
still, they aren't that hard to read thru and interpret!

  ------only two things that money can't buy;
                 one is true love, the other is home-grown tomatoes------
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   rick cricow                                        voice:541-484-7323
   net sales                                            fax:541-484-3099
   735 w. 7th ave.                                   orders:800-323-4463
   eugene, or  97402  u.s.a.                   on the web:www.yujean.com
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