At 09:34 PM 2/12/99 -0800, Ellen Rony wrote:
>Roberto Gaetano wrote:
>
>>A trademark is not only a string of ASCII characters, it is (potentially) a
>>logo that is immediately recognizable even for people that do not read.
>
>Yes, and I wish we could get past the continual comparisons of trademarks
>and domain names. 

So do I, but we can't until it gets resolved.  The whole issue is getting
to be a rather over-sized speed bump. This is the purpose of this thread,
to try and resolve some of these issues amicably.

>Some time long, long ago, the drafters of IP treaties reognized that
>copyrights, patents, and trademarks were different types of intellectual
>property.  Now we have yet another type of IP beast--domain names.
>
>So can we please stop trying to force this square peg into a round hole?

As long as the diagonal measure, of the cross-section, of the square peg,
is less than the diameter of the hole, it will fit. It won't be perfect,
but it'll fit. Similarly, as long as the diameter of the round peg is less
than the width of the square hole, it will also fit.

This is the type of solution-set that will work, however kludged.
Modifications of either peg, or hole, will also work. What won't work is
the application of the sledge-hammer, which is what I liken the WIPO
proposal to. That will destroy the entire game board so no one can use it.
It appears that ignoring the peg is also not an acceptable option.
___________________________________________________ 
Roeland M.J. Meyer - 
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