> anyone else who might be offended by this at a distance would have cause or
> standing for a case at law.
This is why I spoke of the old veterans of the flux group.
And Eva B. was just an eample for somebody willing to sue, she is wild in
suing people, this is what lawyers in Duesseldorf said...
> unprotected name Webster's Dictionary. Since they never acted to protect
> the name, the courts held that there was no trademark and they lost their
> case. An unbroken record of publishing under a single, clear title by one
This is the problem, however you catch it, it mustnt be a trademark (tm)
dispute.
> there is a history of copyright. Since there is no trademark, it would be
> far harder to show standing, and I would guess that should anyone claim
Yes, its hard, but IMHO it wouldnt be impossible to construe. And its not
about copyright, its the name of the group. Well known group, thats why
they did choose it......
> standing, someone else equally significant to Fluxus would deny that
> standing.
>
> As it happens, Milan Knizak, Ben Vautier, and I are among those who might
> have standing in a copyright case. This would probably not be so in a
> trademark case. A letter from us to the French media moguls would make no
> difference without force of law.
Well, its worth the try. As an act of resistance etc.. And I would
publicise their reaction, whatever it is. Thats what you owe to the group.
> We have not challenged use to date. On what basis are we to challenge now?
> How are we to overturn the precedent we have permitted? What distinguishes
> the French commercial use of the name Fluxus from the earlier German or
> Italian or American commercial use of the name?
Well, its bigger (if I understand it right.)
>
> There is only one relevant issue here. That is that the same conditions
> that permit them to use the name permit others to do so.
You dont have allow it to all (if you have better rights in the name), you
dont have to sue all thiefs.
> For the rest . . . well, as they say in France, "c'est la vie."
Its your case, not mine ;-)
My 2 cents....
I just wouldnt resign, as far as mentioned letter is concerned, and the
rest is a question of money, maybe you find a sponsor, AOL or whatever, it
could be funny, even if you loose it in Paris. Or you can "allow" it, the
way "etoys" did allow "etoy", they pay for a museum etcpp or whatever.
Maybe you can find a better sponsor.
Anyway, nice case, if francenet is rich.
Heiko
