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December 27, 2001
Subject: Solution to Trademark Conflict

Regarding Cyber Tussle: Sucks.com sites test laws governing the Web http://www.metrotimes.com/editorial/story.asp?id=2773

You may be interested to hear that the authorities know the solution to trademark and domain name conflict. It has been ratified by honest lawyers - and the USPTO has virtually admitted it.

The problem being - big business and legal profession do not want it.

It appears every word is trademarked, 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 six trademarks - in the U.S. alone.

Even the common words you learnt with your A B C's - apple, ball, and cat. You cannot make your own small business using a dictionary word, it is bound to conflict with some trademark or other. Caterpillar tractors claimed 'cat' is 'their' trademark on the Internet - even though hundreds of trademarks use the word 'cat' - in U.S. alone (see for yourself).

Conflict is IMPOSSIBLE to avoid - yet trademarks and domains can be made compatible.

Big business want to abuse their trademark, claiming sole rights to words they share with others.

Even descriptive words like 'the shops at willow bend.' What are further shops built around Willow Bend to be called - 'the buildings that sell stuff at willow bend'?

The legal profession who are making a lot of money, of course, do not want to stop the cash cow. I have heard every excuse from them - it is all a load of spin (falsehoods). Though what they say sounds right, it is spin - see my site for usual excuses.

The authorities know a restricted TLD is required to replace registered trademark symbol - otherwise they abridge the use of words (violating First Amendment) - so are corrupt not to use it.

Good luck with your case - you will need it.

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