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World Intellectual Piracy Organization - WIPO.org.uk
World
Intellectual Piracy Organization - WIPO.org.uk
Public Information
Announcement
This
site directly addresses the
root cause of trademark and domain name problems - intentional pun.
Fact:
The United Nations World Intellectual Property Organization (WIPO.org)
and the United States Department of Commerce (DOC.gov)
are hiding the simple solution to trademark and domain name problem.
Trademark
Law is UNAMBIGUOUS - a mark is allowed for SPECIFIC goods or service ('class')
in SPECIFIC country.
The
authorities illicitly aid and abet overreaching corporations to flout
these boundaries - in total contempt of trademark and competition law.
With open disrespect, they mock peoples and small business rights to use dictionary words.
Even
though these words are trademarks, it may be possible for you to register
them in another class. But - they will not let you register as a domain
name. You can have trademark - but not domain name. This is what makes
the whole thing a pathetic joke.
Indeed
- 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'. It 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.
Also
- why prevent people using any words for personal sites? Everybody
has legitimate rights to use ANY words for ANY legal purpose they wish
- true or false?
The
registered trademark symbol ® (called 'R' in a circle or RTM) identifies
them in physical world - is not it obvious, that in the vast ocean of
domains (mostly non-trademark), something is needed for same function
in cyberspace?
You may
be surprised to learn that the solution is easier than using the telephone.
It adds unequivocal trademark identification and directory functionality
- with absolutely no restrictions or requirement to lose current domains.
The
US Patent and Trademark Office virtually admitted this, August 22, 2000:
"The questions you raised with respect to trademark conflicts, as
well as the proposed solutions, have their basis in good
common-sense. As such, they have been debated
and discussed quite exhaustively within the USPTO, the Administration,
and internationally."
The
solution was ratified by honest attorneys - including the honourable G.
Gervaise Davis III, UN WIPO panellist judge.
Three
More Objective Facts:
1
- virtually every word is (or can be) registered as a trademark many times
over by different type of business in same or different country e.g. the
word 'apple' is registered by tobacco
and computer companies in the US.
2
- the only way to avoid confusion with ordinary domain names is to have some sort
of identifier to identify them - to replace registered trademark symbol ® - like a protected .reg TLD.
3
- all registered trademark words can be uniquely identified by name.classification.country.reg
- e.g. apple.computer.us.reg
Find
one lawyer to deny those three simple facts - you will not. A few honest
ones have even admitted them.
Most
businesses use the same words as many others. Corporations have no desire
at all to prevent confusion on the Internet - they just wish illegal dominance
of it and to muffle justified criticism. Authorities are afraid to face
these three simple facts.
How
else can people identify registered trademark domains - unless it has
some sort of identifier?
Every
domain name will likely be similar to a registered trademark - ask the
authorities why they do not want people to know which domains belong to
registered trademark.
The
authorities have bastardized words to give them one use - as an unlawful
fatally flawed trademark system.
Vint
Cerf said (April 1999), "The Internet IS for everyone - but it won't
be unless WE make it so". Although, working for WorldCom, his position
seems to have changed somewhat. One of the fathers of the Internet, he
was appointed chairman of ICANN - the U.S. Government QUANGO who gave
the Domain Name System (DNS) to the corporate world.
This
site certainly is not anti-authoritarian, but in fact highlights the misuse
of authority. Please note that very important distinction. There is explanation
of how those at the top abuse this power. This is pro-trademark - so please,
no spin from corrupt or ignorant critics. Who would want anybody to be
conned by some fraudster passing themselves off as trademark holders?
You
will find only rational and logically reasoned findings here - no egotistical
claim that I discovered the solution. It is most obvious that the authorities
must have always known it - indeed, it is indisputable that the answer
was self-evident.
Yet
the US Department of Commerce refuse to CONFIRM
or DENY the ESSENTIAL REQUIREMENTS
to exclusively identify ALL trademark domains. They could be made
unique and totally distinctive, as the LAW requires trademarks
to be. Authorities are too cowardly to admit this will make domains compatible.
To refuse to answer, is to be without honour.
This
is most important, as virtually every word is trademarked, be it Alpha
to Omega or Aardvark to Zulu, most many times over. MOST share
the same words or initials with MANY others in a different business
and/or country. For example, the World Trade Organization (WTO) shares
its initials with five trademarks in US
alone (please check). This could be any acronym or initialism - including
the famous International Trade Centre (ITC) or International Monetary
Fund (IMF). They are using the DNS so that conflict is IMPOSSIBLE
to avoid.
Most trademarks share
same words with MANY others - 879 share 'toy' - 1746 share 'cat' - that
is just in US alone. How do you know you will get the one you want, when
you type name into address bar? So then - 'consumer confusion' is just
a bull* excuse used in UDRP. All domains are 'confusingly similar' to
trademarks. Authorities have no desire to prevent confusion - else they would
include exclusivity's. Authorities have no respect for trademark or competition
law - only one can use cat.com or toy.com.
The
Department of Commerce allow this conflict to continue purposely, knowing
they abridge peoples right to use these words - even common words you
learnt with your A B C's - apple, ball and cat. WIPO even took the initials
JT.com from Israel citizen for Japan Tobacco. People have every right
to use words for whatever legal reason they wish. If the printing
press was invented today, they would stop you using all words as title
for your book.
To
continue the book analogy. The domain name can be used to communicate title,
or tell of subject, or give author. The domain name as title may be picked
because it sounds good or is easy to remember. The domain name as subject
would tell readers what they will find within. The authorities would have
you believe that it is always the author. Countries and places give same
false argument. If you wrote a book entitled 'South Africa', do the rights
to this book belong to that countries government?
The
authorities would give all books about countries to the government, or
any book about a business or famous person to them - critical or otherwise.
This is in open TLDs remember - people have every right to use domain for
whatever legal reason they wish.
You
cannot make your own small business using a dictionary word, it is bound
to conflict with some trademark or other - check any word yourself in
US
then UK
then other 200+ countries. People also cannot make fan sites - or protest
about corporations (two of the reasons why they do not want it). The American
Department of Commerce violate their own First Amendment.
UN
WIPO will not guarantee that your domain is safe - even if you
check all their sources:
"any searches using the links provided on this site will not be sufficient
to determine definitively whether or not the domain name is infringing."
Your domain name will never be safe - it could be taken from you at any
time in the future.
The
authorities are allowing certain trademarks to be abused by their owners,
giving them UNLAWFUL dominance over others (and over businesses
without trademark) e.g. Caterpillar tractors claimed 'cat'
is 'their' trademark on the Internet - even though hundreds
of trademarks use the word 'cat' - in US
alone (see yourself). The United States Department of Commerce and
the World Intellectual Property Organization do not seem to mind that
all trademarks fight it out - or that one has this illegal dominant position.
This is against Trademark and Competition
Law in all countries:
e.g.
Australian Trademark Act 1995, section 23: "If trade marks that are
substantially identical or deceptively similar have been registered by
more than one person (whether in respect of the same or different goods
or services), the registered owner of any one of those trade marks does
not have the right to prevent the registered owner of any other of those
trade marks from using that trade mark except to the extent that the first-mentioned
owner is authorised to do so under the registration of his or her trade
mark."
I
have been in contact with various Government bodies (US and UK) and attorneys
for quite some time now - they understand arguments perfectly. Please
see latest email to UK Patent Office
to see rationale behind the solution. On the 22 June 2001, they admitted,
"...a TLD '.reg' has been well understood by the Patent Office for
several years...". Nobody has denied the assertions made, not even
UN
WIPO. Please click this link to see main arguments and the reasons
they do not want solution.
These
are the true findings and logical opinion of Garry Anderson from UK skilful.com.
Critics, unable to find reasoned argument against, have used feeble
excuses (watch out for spin). Please note - skilful is the 'proper'
English spelling, it has single
L's ;-)
Trademarks
are for the good of the people, as well as business. Attorneys would say,
"The basic tenet of trademark law is to protect consumers and trademark
owners from confusion in the marketplace".
Trademarks 'raison d'être' is to identify source of goods or services
- not claim world rights to a word.
The
Domain Name System was not designed as a fatally flawed UNLAWFUL
trademark system, ask creator Paul
Mockapetris. He
designed it for the function of naming resources. He was asked, what do
you wish you had invented? He replied, "A directory system for the
Internet that wouldn’t be controlled by the politicians, lawyers
and bureaucrats."
Millions
of Top Level Domains are possible - Apple Computers could challenge them
all for apple.[TLD] - or get in Sunrise without ever giving them a chance.
What is the point then, in ever having any new TLDs?
Trademark
holders do not own the vast majority of domains - it is obvious that something
is needed to highlight them - to replace the registered trademark symbol
® (called 'R' in a circle or RTM). A new protected TLD of .reg would do
that. This is for the same reasons, primarily to advise people that the
mark is legally registered and protected by law. It will also protect
it from 'squatters' - in the same way that nobody can get a US Government
.gov site.
It
should be noted - this does not stop the use of current domain being used
for advertising and marketing purposes.
The
solution is easier than using phone, and will remove EXCUSES of
'consumer confusion', 'trademark conflict' and 'passing off'.
ICANN
President Stuart Lynn and Chairman Vint Cerf admitted about the use of
restricted top-level domains to Reuters.
"More people I talk to think it's the more likely direction," said Llyn.
I wonder why UN WIPO or US DOC did not tell them - (not).
Incidentally,
you may be interested where ICANN money is going - to their Lawyers JONES,
DAY, REAVIS & POGUE
UN
WIPO 'experts' say they
are stumped for solution. They have been proven ignorant or dishonest,
just using elementary logic.
Hardly
independent or unbiased; guess where UN WIPO gets most their money from?
Sorry to tell you this; I have been straightforward with the authorities,
but if they fail to put the identity of trademarks beyond all reasonable
doubt - they are either devoid of intelligence or corrupt. It is not just
the fact that money and abuse of power are involved - but based on their
actions and response, in my honest opinion - there is no doubt in my mind
- they are corrupt.
Professor
Milton Mueller (Associate Professor, Syracuse University School of Information
Studies) recent study:
"Conclusion: Domain Names are not Trademarks". To be
trademarks he states, "If this is true then the exclusivities associated
with business and product names should be applied systematically to them."
The
exclusivity's are obvious:
1.
That it is a registered trademark - given that ALL words are trademarks
and so can be confused with other domains.
2. The country of the trademark - given that ANY word may be (is) used
by different business in DIFFERENT country.
3. The type of business (classification) - given that ANY word may be
(is) used by different business in SAME country.
I
used the same words myself to both Nominet
UK and UN
WIPO: "A fact for you: domain names are not trademarks
- ask Paul Mockapetris, creator of Domain Name System." And "In
conclusion, to reiterate - domain names are not trademarks."
Phoning
is very simple. People understand perfectly that when they phone somebody
abroad they have to find country code, area code and number - do they
not?
Easier
than using the telephone? Yes - try this: Which do you think is Apple
Computers phone number in the US?
1-800-676-2775
1-800-676-3665
Do not know? Okay
then, try this: Which do you think is Apple Computers website in the US - if .reg
was introduced?
apple.tobacco.us.reg
apple.computer.us.reg
Not
at all difficult, was it?
Why
is there no research into this very important problem? Think about that
for just a second. Because they know. Why does corporate controlled media
not report on a site that uses same WIPO name? It presents validated evidence
that the authorities know the solution to stop 'consumer confusion', 'trademark
conflict' and 'passing off'. Is it not even slightly newsworthy?
This
site is protected as free speech. These are legitimate concerns. Domain
is not for sale, at any price.
Simple
questions about Sunrise and UDRP:
1.ICANN
and US DoC prevent small business (without trademark) from getting their
name - instead giving priority to corporation (with trademark). Why is
this not restraint of trade - a wilful violation of Antitrust Law?
2. ICANN
and US DoC prevent a free market on the Internet - they give corporations
(with trademarks) a monopoly of Internet trade. What about the SHERMAN
ANTITRUST ACT? It states:
§
2 Sherman Act, 15 U.S.C. § 2
Monopolizing trade a felony; penalty
Every
person who shall monopolize, or attempt to monopolize, or combine or conspire
with any other person or persons, to monopolize any part of the trade
or commerce among the several States, or with foreign nations, shall be
deemed guilty of a felony, and, on conviction thereof, shall be punished
by fine not exceeding $10,000,000 if a corporation, or, if any other person,
$350,000, or by imprisonment not exceeding three years, or by both said
punishments, in the discretion of the court.
3. They
abridge words that people use on the made-up excuse of preventing fraud.
What about law relating to government overreach?
Commodity
Trend Service, Inc. v. Commodity Futures Trading Commission:
38. However,
the government cannot overreach in its attempts to protect the public
from fraud. Laws that primarily prohibit fully protected speech along
with potentially fraudulent speech often violate the First Amendment,
even if the law's stated purpose is to prevent fraud; instead, more precise
measures must be used. Likewise, the government cannot label certain speech
as fraudulent so as to deprive it of First Amendment protection.
Quote:
"even if the law's stated purpose is to prevent fraud; instead, more
precise measures must be used."
This
means government cannot let trademarks stop people using any words on
the excuse of preventing fraud - a
more precise measure MUST BE USED e.g. adding a protected TLD to identify
that the domain is a trademark - like .reg for example - duh!
THE
SIMPLE SOLUTION?
So
then - the type of business (e.g. computer or record industry) is called
trademark classification (can be subclass).
Most
trademarks share the same words with others in a different class or country.
Indeed as it is the only possible way to avoid 'consumer confusion' or 'trademark conflict' on the Internet, it is essential to include the classification and country.
Like
stated, a new 'protected' Top Level Domain (TLD) is required to replace
the ® trademark symbol e.g. .REG. This acts
as certificate of authentication. There is no restriction on business,
it can still use current/new domain, just directed to dot REG.
This
TLD is required for the same reasons, primarily to advise people that
the mark is legally registered and protected by law. It will also protect
it from being copied - in the same way that nobody can get a US Government
.gov site.
.REG
is also essential for another reason - basically ALL WORDS are trademarked. So using
this TLD, they do not abridge the use of these words from the people.
Therefore solution to avoid these problems is name.class.country.reg -
simple!
.REG also acts as directory - if you can use the telephone, then you can
certainly use dot REG. It is best shown by this graphic:
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