On September 19, 2022 at 10:16 bill@herrin.us (William Herrin) wrote:
On Mon, Sep 19, 2022 at 10:04 AM <niels=nanog@bakker.net> wrote:
Are IP addresses like houses, though? Aren't they more like other intellectual property such as trademarks or patents? What happens to those when you don't pay the USPTO?
You lose the ability to sue for triple damages. You can only sue for injunctions and regular damages.
Put another way in the US, at least, trademarks, at least, do not rely on USPTO or WIPO for legal force other than those mentioned above. You don't have to register a trademark with either to claim legal force. You just have to be ready to show that your trademark was used in commerce, not a high barrier, and a use by another party potentially causes confusion, dilution, reputational &c damage to your use of your mark, or whatever. That can also include geographic scope (don't make me type in Trademarks 101 here!) Trademarks are, at their core, a consumer protection, not a property right. Their principle purpose is, for example, so a consumer knows if they buy a bottle of Coca-Cola beverage it is a product of the Coca-Cola corporation. Everything else mostly derives from that principle tho with 200+ years of practice, legislation, and precedent of course there are other details. And vice-versa, use it or lose it, the mark has to represent some product or service. Which is why for example the USPTO/WIPO don't allow you to just register clever names &c and claim rights in those names &c. Well, they may allow you but it's a legally worthless thing to do. Compare and contrast to the internet domain system...ahem. -- -Barry Shein Software Tool & Die | bzs@TheWorld.com | http://www.TheWorld.com Purveyors to the Trade | Voice: +1 617-STD-WRLD | 800-THE-WRLD The World: Since 1989 | A Public Information Utility | *oo*