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Chris Ambler explains: Why I'm Bitter
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The Fine Print:
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"Trademark law is being used to block innovation - that is very, very wrong".
Sorry Karl - it is a LOT worse than that.
Trademark law is being PERVERTED to block innovation - that is very, very, VERY wrong.
That is a demonstrable FACT e.g. what was deliberately left out of ACPA from 106TH CONGRESS REPORT - "in order to protect the rights of domain name registrants against overreaching trademark owners".
Even our beloved (joke) spin-master Blair admits that "fact beats judgement" when he talked about WMD search results.
All lawyers know that (whether civil or criminal) complainant (or prosecution) has burden of proving case.
Yet WIPO say Complainants do not have to prove tort against them - how nice for their customers - how corrupt.
Fact - five factors should be examined in EVERY TRADEMARK INFRINGEMENT ACTION (not just similar name).
This includes - the similarities of the goods and services involved with both parties.
Fact - UDRP and ACPA are perverse rules/law created by corrupt people - to enable corporations overreach their trademarks, to 'steal' domains from innocent people whom have committed no tort against them.
Indeed, I am still waiting for Mr Berryhill to answer my post in another forum, where 3 days ago I asked:
"Very simple question for you - we all know the SFR initials could be used for anything - so where is the tort in SFR.org case?"
I won't hold my breath ;-)
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Trademark law used to block innovation
by WIPOorgUK
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