[Nettime-bold] Always discern documentation from judgment in computer law

[Nmherman@aol.com]

Subj:   October 1998:  Sherman Rejects Genius 2000 Rapidly, almost Fearfully
Date:   12/31/2000
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Subj:    Re: Web project and copyright
Date:   11/10/98 5:52:34 AM Pacific Standard Time
From:   twsherma@mailbox.syr.edu (Tom Sherman)
To: Nmherman@aol.com


Hi Nick,

Of course I remember you.  I just spent an evening with Cary in NYC and I
asked him what you were up to.

> Project."  I presumed to send you and John Orentlicher a cryptic little 
piece
> of mail art I hope you found somewhat spiritual.  

Yes, I got the mail.  Strange little package.  Sort of spiritual...

> One rather sizable problem has arisen.  I had hoped to use "Genius 2000" as 
a
> quasi-corporate symbol  to compete with Nike and Coke, plastering it on
> baseball caps, pens, websites, novels, subway stickers, radio networks, 
cable
> channels, and other consumer goods.  Then I found there's a Y2K bug software
> company with a trademark on "Genius 2000."  I asked Guillermo and Cary for
> copyright advice and they suggested I ask you.
> 
> Given this prior trademark, can I use the phrase?  Do you know how much it
> will cost to register it as my personal art-media product brand name?  Do I
> need a lawyer?  I'd love to have product recognition to rival McDonalds; the
> irony of that would be truly worthy of the Grand Millenium.

If the software company has the registered trade mark, then I'd get a
different name (unless you want to double up on their identity campaigns
and benefit from the double exposure of the name and the ambiguity of your
name brand).  Basically if you use someone else's trade mark they'll just
get some lawyers to serve you papers and then if you don't retreat they'll
sue.

So if you're sure they're registered, then I'd just get another name and
start using it.  I don't know how much it costs to get a name registered,
but in order to protect yourself you probably should.  I know some people
speculate on names and register clusters of names and then sue people who
come along and encroach.  It's a weird form of business, trademark
speculation.

Other than that I guess I don't understand why you want to do this.  Name
brands are interesting.  We have a Chancellor here who figured out early
that universities should have name brands besides their normal names--so
we became the country's first and leading "student-centered research
university."

But you seem to want a name brand without an identifiable or categorizable
product or service.  Why would I or anyone else want to invest in this
activity?

Anyway, it's nice to hear from you.  Best, Tom.



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Date: Tue, 10 Nov 1998 08:52:32 -0500 (EST)
From: Tom Sherman <twsherma@mailbox.syr.edu>
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Subject: Re: Web project and copyright
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