Martin B. Schwimmer a �crit:
> My point is that as the number of US-based exporters rises courtesy of the
> Web, the potential for TM conflict with "registration only" jurisdictions
> (as stated above, that's most of the world) rises - and that creates the
> need for harmonizing TM law to recognize this type of usage.
What about protection of non-U.S. based companies, particularly those
engaged in international trade? Or simply small companies worldwide? We have
an immediate instance of this problem in the Porsche case, where small,
independent dealers or services or clubs are being asked to give up the use
of the name of the product they're servicing or selling, so that only the
manufacturer - and in this case, only the country where the main office of
the manufacturer is located - can use the name.
Will there, then, be no independent dealers or providers of services? Will
the trademark problem force the creation of ever-wider
multi-nationalisation? This is diametrically opposed to free trade and free
markets. Trademarked brand names can't be allowed to be used as a pretext
for global monopolization. If this is the future of the Internet, then it
would be better if the Internet didn't exist.
