[pp.int.general] trademarks

[Reinier Bakels]

Let me get back to basics. In our society, there are no *fundamental* 
problems with trademarks. So PP should not bother about abolishing 
trademarks. Yes, you may devise endless philosophies. But to be honest, I 
doubt their practical value.

Assuming you don't reject capitalism, you don't object that firms sell their 
products. Selling on mass markets (which applies to most sonsumer products) 
requires means for identification: names, symbols. If you start a firm 
Hufgard Consultancy Services, you don't like someone else to piggyback on 
your success calling himself Hufgard Consultancy Services too. And as a 
client, I appreciate a government that prevents fake Hufgard Consultancy 
Services to imitate the real firm - oir at least allows you, the founder and 
owner, to take legal action against imitators.

Are you opposed against domain names? Yes, there is a "scarcity" in the 
sense that a domain name once chosen can not be given to anyone else. Should 
domain name sharing be facilitated? That is impossible, because it is an 
identification.(apart from obvious solutions like cerating a.name.com next 
to b.name.com) I live on number 149 in the street. Should my neighbour be 
allowed to use that number too, becase he likes prime numbers, and there are 
only a few three digit prime numbers (or for whatever reason)? No, I need a 
unique number. else it does not work as an address.

I would suggest that PP concentrates on the *real* problems with trademarks 
in today's society. Like parallel imports. Like the ban on reselling 
products from outside the EU using trademarks (criminalising eBay users). 
Like trademark owners curtailing freedom of speech of critics using 
trademarks. Like litigation cost reduction. Like trademark trolls (they do 
exist!). Like bad faith registration.

Should fake Rolexes be criminalised? I think there is a strong argument to 
stay with the policy that was always observed: enforcement should be based 
on *private* action. Police and even customs have other priorities. Only if 
the enforcement cost is borne by the potential beneficiaries, economically 
sound decisions will be made. Fake luxury goods typically cater for a 
different market than the genuine products. If I am rich and foster a 
wealthy life style, I don't buy a fake Louis Vuitton bag, with defective 
zippers. Then I buy the real thing. personally, I would never buy a real 
Rolex. Because I hate "real Rolex buyer" type of people.

And to give you (literally) more food for thought: how about origin 
designations? Most of them are used by the French. And they are even 
stronger than trademarks (by law). In live 20 km from Gouda. But since ages, 
no Gouda cheese is produced anymore in Gouda. And NL did not apply for 
protection of Gouda. Perhaps it is unforunate, because it could have made 
this city rich.
But farly recently there was a conflct about Dutch "Bavaria" beer. Frankly, 
I found that confsing as a cnsumer. But the Bavarian government lost the 
case, because the brand is older than the regulation!

Isn't it nice that the poor people of the tiny republic of Tuvalu have 
become very rich by selling .tv domain names? Domain name .nu (Niue) is also 
popular. In Dutch and Swedish it means "now". In French it has a more 
exciting meaning ...

reinier