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    This discussion has been archived. No new comments can be posted.
    Did Jeff Davies find a legal loophole? | Log in/Create an Account | Top | 143 comments | Search Discussion
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    DECLARATION OF MICHAEL D. PALAGE
    by WIPOorgUK on Saturday December 28 2002, @08:40AM (#10754)
    User #3146 Info | http://wipo.org.uk/
    Was it not Palage who refuted the high rate of trademark fraud in .info roll-out?

    I would imagine, as trademark and policy consultant to Afilias, he has a lot to lose - given that these policies violate Trademark and Competition Law.

    So, I would not place much credence on his Declaration - either his judgement or lawfulness (or both) is 'suspect'.

    Does anybody know - did he get any 'good' .info domains for himself (or friends/family)?

    To quote Palage: "13. The Sunrise concept has been used in the roll-out of other TLDs to protect the interest of trademark owners."

    Virtually ALL words are trademarked MOST many times over. This could be any word - even common words you learnt with your A B C's - apple, ball and cat.

    This goes for initialisms also - e.g. the World Trade Organization (WTO) shares its initials with five trademarks in U.S. alone (please check).

    So with WTO.info (as example) - whose trademark are they protecting exactly?

    Giving it to one "prevent[s] the registered owner of any other of those trade marks from using that trade mark." - aiding the violation of Trademark Law.

    The authorities are feeding you a load of bull*.

    You can legally use any word, words or initials to start a new business without registering a trademark - providing you are not passing off, of course. Take for example - the word 'apple' (check any other word yourself).

    'Apple' is legally used by thousands of businesses - large and small all over the world. Indeed, it is impossible that they all register themselves as trademarks - they are bound to conflict with many others, being confusingly similar. In my local phone book alone, there are at least five using this word - two garages (seems not connected), a car centre, fruit growers and a decorating firm.

    They use word 'apple' in LEGAL commerce - why should Apple Computers or any other 'apple' trademark be allowed to prevent them all from using apple.info?

    It is violation of Competition Law to prevent any business competing in an open market (which .info is), as .info TLD is not specifically for registered trademarks.

    I do not think even Afilias would disagree that registered trademarks are given unfair advantage over other businesses - why not ask them Jeff?

    The authorities hide solution, which was ratified by honest attorneys - including the honourable G. Gervaise Davis III, UN WIPO panellist judge.

    Apple Computers do not own the word 'apple' above all other trademarks, small businesses, men, women and children - do they?

    Trademark Law is UNAMBIGUOUS - a mark is allowed for SPECIFIC goods or service ('class') in SPECIFIC country. Authorities illicitly aid corporations to flout these boundaries - in total contempt of peoples and small business rights.

    Please visit WIPO.org.uk - not connected with corrupt United Nations WIPO.org !

    The above is the informed opinion of Garry Anderson SKILFUL.com - Health Warning for elective surgery and Sick of Spin. Americans - skilful is spelt correct.

    A trademark lawyer will be able to confirm most points - if you can afford them.

    Especially for my anonymous cowardly critic (see previous postings) - whom is bound to try distract you all from points raised: SKILFUL.com was aquired using logic and basic common sense (after many millions of domains had gone) - something you lack.

    You say the solution is severely flawed, yet fail to explain why - even though experts have ratified it. Also you fail to answer simple questions. People will see you are coward - I dare you to deny this fact:

    Fact: In this vast ocean of domains on the Internet, mostly non-trademarks, a marker is absolutely essential - for people to identify the domain as trademark. As Internet replacement for trademark symbol.

    Given virtually all words are registered trademarks many times over - how else are people to know?

    A protected TLD of .reg could provide this marker. Like .gov domains are protected U.S. government sites - people are assured of source.

    Even our slow-minded UK Patent Office admitted they knew of TLD '.reg' replacement for registered trademark symbol on the Internet.
    [ Reply to This | Parent ]


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