Re: Re[4]: IAHC Proposal (Attacks Thereon)

[Kent Crispin <kent@songbird.com>]

Thank you, Sally, for you reply.  

Sally Abel allegedly said:
> 
> 
> 
> Kent Crispin wrote:
> 
> >Sally Abel allegedly said:
> > 
> >> We have a basic disagreement as to 
> >>the extent of the problem.  My 
> >>experience tells me that it is much 
> >>more profound 
> >> than the 400 or 4000 numbers being 
> >>batted around in some recent mail.
>      
> >Could you detail that experience and try to quantify it? 

[clearly extensive personal experience deleted] 

> The issue is a real one -- created by the convergence of the 
> traditional commercial world and the net.
> 

Sally, I respect your experience, but I draw a completely different
conclusion than you: I have to read between the lines a bit, but
apparently, despite being incredibly well connected in this area, you
don't know of even as many as 400 cases, and, I gather, most of the
contacts you and the people you know have had are in the form of
inquiries and consultations.  In terms of real litigation, therefore
we only have the dozen or so actual lawsuits that have been
extennnnnsively discussed already, and most of those concern NSI's
flawed policy. 

The stated purpose of the 60 day wait is to avoid or reduce expensive
litigation.  However, the number of lawsuits that have actually
occured is, as far as I can see, incredibly small.  You and your 
colleagues note a lot of inquiries and consultation, true, but the 
number of cases actually going to court is miniscule.  This tells me 
that things *are* being worked out without going to court.

Furthermore, if the goal of the 60-day policy is to reduce 
litigation, then it is unfair to count inquiries and consultations.  
The current litigation load is the only fair comparison.  An increase 
in inquiries and consultation with no increase in litigation would 
indicate that people are becoming more careful about trademark 
issues, which is a good thing.

-- 
Kent Crispin				"No reason to get excited",
kent@songbird.com,kc@llnl.gov		the thief he kindly spoke...
PGP fingerprint:   5A 16 DA 04 31 33 40 1E  87 DA 29 02 97 A3 46 2F