Re: Copyright, Trademark and the OCLC suit

[Dan McGuire <dmcguire@sfu.ca>]

Samuel Trosow wrote:

> If you want to justify this lawsuit, then you need to be prepared to say:
> (1) branding something like a library classification is appropriate; (2)
> the public is likely to be confused into thinking the hotel is somehow
> affiliated or authorized by OCLC; and (3) the remedies sought by OCLC are
> appropriate.
I very much appreciate your summary of the case, and I understand your 
points regarding justification of this suit.

Perhaps I am approaching the whole issue from another perspective.

Your point - branding the Dewey Decimal system really hits the issue. Very
few people would view the system, or any of it's components as a
'trademark' - until it is used as the theme for a hotel.

So if 'branding' the dewey decimal system in this way is not appropriate,
what choice does the OCLC have? They have approached the hotel's owner in
an attempt to negotiate what could be a win-win solution with out success,
now they are resorting to the courts.

As for confusing the public? The main problem is the vast majority of the
public would not have a clue who the OCLC are! I would expect though that
if i stayed at the 'chevrolet' hotel, on a good day staying in the
'corvette' room, avoiding the 'chevette' room...my assumption would be
that the hotel had some connection with or arrangement with General
Motors.  Without knowing the OCLC existed it's likely i would assume that
the library hotel must BE the owners of the dewey decimal system - if such
ownership existed.

Are the remedies appropriate? probably not....but how often has a law suit
started from a position of total reasonableness? We all know the demands
are meant to encourage the hotel owner's to sit down and negotiate!

Thank You,

Dan McGuire
Intellectual Property Acquisitions Coordinator
eLearning Innovation Centre
Simon Fraser University, Surrey