IP: EFC defends "The Net" (fwd)

[David Farber <farber () central cis upenn edu>]

        EFC defends "The Net"


Electronic Frontier Canada has decided to formally oppose
Bell Canada's application for a trademark of the phrase "The Net"
in relation to computer telecommunications and messaging services.


Bell's move has been widely considered as "arrogant" among Canada's
online community, among whom "The Net" is a common and every day term,
largely synonymous with the Internet, or cyberspace.


The community was galvanized into action following an flippant and insulting
message posted on the Internet in a Usenet news article by Dave Howard
<dhoward () worldlinx com>, a Senior Network Analyst for Bell's subsidiary
WorldLinx Telecommunication, who belittled Internet users who had
voiced displeasure over the move to appropriate "The Net".


EFC is currently working out the details with a Trademark lawyer
and we have until October 2nd to make our submission.  The main basis
for opposition will likely be that "The Net" is a common phrase
and is simply not "distinctive" enough to qualify as a trademark.
The fix would be easy for Bell -- "The Bell Net", "Bell Network Services",
or even "The Nett" with an altered spelling, would be probably be
distinctive enough, and would not be opposed.


It is more common for businesses to oppose a trademark application
when they want to claim that the trademark is already owned, or is
"confusingly similar" to their own.  Nevertheless, anyone can oppose
an application.


Opposing a trademark application must be done formally through
the Registrar of Trademarks, and involves a $250 filing fee.
(No, you can't just spam their fax machine!)


If you support this move, one way you could help EFC afford to take
steps like this would be to become a member.  You can fill out our
online membership for at:


        http://insight.mcmaster.ca/org/efc/pages/efc-member-form.html


or print out a text version at:


        gopher://insight.mcmaster.ca/00/org/efc/membership-form


I'll post an update when there are more developments.


dj/efc















--
http://www.eff.org/~mech/";>          Stanton McCandlish
mailto:mech () eff org">        mech () eff org

http://www.eff.org/";>         Electronic Frontier Foundation

http://www.eff.org/1.html";>   Online Services Mgr.