[gnso-rds-pdp-wg] "Thanks" is Trademarked!

Mon Jun 13 13:29:49 UTC 2016

+1 @Chuck. Indeed, very intersting debate but not useful at that moment;
I agree. Let's move from here, please.
Cheers !
-Olévié-


2016-06-11 14:05 GMT+00:00 Gomes, Chuck <cgomes at verisign.com>:

> I personally have enjoyed the discussion on this but I would like to
> suggest that it is not contributing to our actions at hand and I recommend
> that we move on.  To the extent that any issues in this case might be
> helpful in our soon to begin deliberations on possible requirements, that
> will be the time to bring them up.  I am not suggesting that they will be
> relevant or not but we will have the opportunity to discuss that at the
> appropriate time.
>
>
>
> I think all of us know that we will have at least two general points of
> view that will be at odds when we start deliberating.  If either side was
> as clear cut as some may think, I believe the Whois debate would have been
> settled a long time ago.  The fact is that it is still going on and that is
> why the WG exists.
>
>
>
> Everyone will be encouraged to share their points of view as they relate
> to various areas of deliberation as long as it is done constructively and
> respectfully.  Then we will need to diligently work together in spite of
> our differences to find ways to bridge our differences and come up with
> solutions that most if not all of us can support.  This will be a big test
> of our willingness and commitment to make the multi-stakeholder model work
> for the good of the overall community and I will make every effort to help
> us pass that test.
>
>
>
> Finally, let me say that I chose this point to intervene only because it
> was the most recent message in this thread.  My comments are not directed
> at Sam as the most recent contributor or Carlton as the initiator or anyone
> who commented in between. They are intended for all of us as a team.
>
>
>
> Have a good weekend.
>
>
>
> Chuck
>
>
>
> *From:* gnso-rds-pdp-wg-bounces at icann.org [mailto:
> gnso-rds-pdp-wg-bounces at icann.org] *On Behalf Of *Sam Lanfranco
> *Sent:* Saturday, June 11, 2016 9:37 AM
> *To:* Greg Shatan; Stephanie Perrin
> *Cc:* gnso-rds-pdp-wg at icann.org
> *Subject:* Re: [gnso-rds-pdp-wg] "Thanks" is Trademarked!
>
>
>
> I am with Greg on this one. There are dark corners in the world of
> trademarks and trademark litigation, but this is not one of them.
>
> On both a lighter and more substantial side one can check out the Electric
> Frontier Foundation (EFF) "*Stupid Patent AND Trademark of the Month*"
> offerings,
>
> and their latest offering around "My Health" at
> https://www.eff.org/deeplinks/2016/05/stupid-patent-and-trademark-month-my-healthr
>
> Sam L.
>
>
> *On 6/11/2016 2:24 AM, Greg Shatan wrote:*
>
>
>
> *Nothing in the reported case prevents anyone from saying Thank You or
> Thanks.  Implying otherwise is unhelpful. On Saturday, June 11, 2016,
> Stephanie Perrin <stephanie.perrin at mail.utoronto.ca
> <stephanie.perrin at mail.utoronto.ca>> wrote:*
>
> *I am with Carleton on this one.  Everybody should be allowed to say
> thanks.  not enough of it around....*
>
> *Stephanie Perrin*
>
>
>
>
>
> *On 2016-06-10 21:13, Carlton Samuels wrote:*
>
> *Greg: *
>
> *I hold no brief for Reuters. I looked at the PTO database and saw all you
> said. And quite frankly if I were an IP lawyer in the trenches and on the
> clock,  I probably would be encouraging these fellas to fight.*
>
>
>
> *All that aside, howsoever you slice or dice it, granting exclusive
> commercial rights to [qualified] "thanks" or "thankyou" seems over the top.*
>
>
>
> *Carlton*
>
>
>
>
>
> *On Fri, Jun 10, 2016, 5:13 PM Greg Shatan <gregshatanipc at gmail.com
> <gregshatanipc at gmail.com>> wrote:*
>
> *Not sure anyone needs to be tarred and feathered here.  But let's get the
> facts straight. (Perhaps those who don't get the facts straight are the
> ones who should be tarred & feathered, etc., but that seems rather harsh.
> I prefer to educate rather than vilify.)*
>
>
>
> *Citi did not sue AT&T for "using the word in a commercial." Citi sued
> AT&T for apparently seeking to brand its new customer loyalty program as
> AT&T THANKS when Citibank already has a longstanding (since 2004) customer
> loyalty program branded as CITI THANK YOU, with about 15 million members in
> the US, and a trademark registered since 2011 for "**Promoting the goods
> and services of others through administration of incentive reward and
> redemption programs by distributing rewards for credit and debit card use,
> and for banking and wealth management customer loyalty**".  And AT&T
> didn't merely use the THANKS brand, they applied for a trademark
> registration for AT&T THANKS for "Providing incentive award programs for
> customers for the purpose of promoting and rewarding loyalty."  *
>
>
>
> *It seems like an entirely reasonable claim that consumers could be
> confused between a THANK YOU brand loyalty program and a THANKS brand
> loyalty program.  Without opining on the likelihood of success, it's an
> entirely reasonable claim of infringement.  Indeed the subject matter of
> this email demonstrates such confusion -- THANKS is not "trademarked" by
> anyone, in spite of the attention-getting headline.  CITI THANK YOU is a
> registered trademark of Citigroup.  AT&T THANKS is the subject of a pending
> application by AT&T.*
>
>
>
> *If AT&T had merely "used the word in a commercial" and not as a
> trademark, there would be nothing to object to, and no claim, and this
> email wouldn't exist.  The actual facts are significantly different.  *
>
>
>
> *That's the problem with suggesting tarring and feathering, and other such
> actions of a mob mentality.  They are based on incorrect facts and a desire
> to inflame people, rather than to inform them.  Unfortunately, information
> can come too late to save the victims of such an attack (hot tar causes
> serious and often fatal burns).  Thankfully, all that was suggested was a
> rhetorical tarring and feathering, so no one actually suffered at the hands
> of an ill-informed, intemperate mob.*
>
>
>
> *Hope that is informative.*
>
>
>
> *Greg*
>
>
>
> *[Caveats: (1) I am a CITI THANK YOU cardholder and use my THANK YOU
> points regularly on Amazon where they are available as dollars. (2) From
> around 1999 to 2004, the firm I was with represented Citigroup in trademark
> matters, though I personally didn't do very much of that work.  I have not
> had any professional relationship with Citigroup since 2004 (3) This should
> not be construed as legal advice.] *
>
>
>
> *On Fri, Jun 10, 2016 at 3:15 PM, Carlton Samuels
> <carlton.samuels at gmail.com> wrote:*
>
> *..and Citi sues AT&T for using  the word in a commercial!  It also owns
> thankyou.com <http://thankyou.com> as well! *
>
>
>
> *I checked the USPTO database and it was a revelation; lots of "thankyou"
> there, dead and alive. See:
>  http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4803:ku1j42.1.1
> <http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4803:ku1j42.1.1>*
>
>
>
> *So I ask you, who're the halfwits that need to be tarred, feathered and
> put in stock in the village square for a quick kick in the butt from every
> passerby?*
>
>
>
> *http://www.reuters.com/article/us-at-t-citigroup-lawsuit-idUSKCN0YW1K3
> <http://www.reuters.com/article/us-at-t-citigroup-lawsuit-idUSKCN0YW1K3>*
>
>
>
> *-Carlton*
>
>
>
> *[Disclosure: I'm partial to AT&T on account they paid for graduate
> school.]*
>
>
>
> *==============================*
>
>
>
> *Carlton A Samuels Mobile: 876-818-1799 <876-818-1799> **Strategy,
> Planning, Governance, Assessment & Turnaround*
> =============================
>
>
>
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> --
>
> ------------------------------------------------
>
> "It is a disgrace to be rich and honoured
>
> in an unjust state" -Confucius
>
>  邦有道，贫且贱焉，耻也。邦无道，富且贵焉，耻也
>
> ------------------------------------------------
>
> Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
>
> Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
>
> email: Lanfran at Yorku.ca   Skype: slanfranco
>
> blog:  http://samlanfranco.blogspot.com
>
> Phone: +1 613-476-0429 cell: +1 416-816-2852
>
>
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