browse comments: WIPO RFC-1

WIPO RFC-1
osmith001@sprintmai.com
Fri, 10 Jul 1998 21:25:48 -0400

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Attachment: http://wipo2.wipo.int/dns_attachments/attach900120348.doc

Dear Sirs: I suggest a conservative approach to regulating trademarks on the Internet. I assert that the national and international laws, treaties, and institutions that govern the regulation of trademarks off the Internet are capable of regulating with trademarks on the Internet. Though the Internet offers some revolutionary capabilities, with respect to trademark issues, the Internet really is not that much different than a billboard, television image, a movie, or a page of paper. Thus, the rules that govern these more traditional media will also work--perhaps with some modest alteration--on the Internet.

The essence of trademark law is that a person, who first uses a trademark to identify himself or his products or services to the public, may exclusively use that trademark to identify himself and market his goods to the public. And whenever any other subsequent user uses a trademark (Subsequent Trademark) sufficiently similar first user's trademark (First Trademark) to confuse the public as to the identity of the user of the trademark or the origin of goods or services, the use of the Subsequent Trademark is an infringement of the First trademark. These rules will work on the Internet as well as off the Internet, because policies and equities that inform them are true and wise regardless of the medium of expression.

The public has a right to know with whom they are dealing when they purchase goods or services or rely on representations. A person or juridical entity has a right to the benefit of its reputation, the value of its marketing efforts, and accumulated goodwill associated with its trademark. These intellectual property rights in a trademark and the public's right to know with whom it deals arise from the use of a trademark, and there is nothing about the Internet that alters or vitiates these rights. Therefore, the WIPO can and should apply existing trademark law to the Internet without modification, except where necessary to address some unique feature of the Internet.

Sincerely yours,
Orlando Smith, Esq.

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