RE: [dvd-discuss] 120 years and still not in the public domain

["Dean Sanchez" <DSANCHEZ(at)fcci-group.com>]

My point was how could it be trademark infringement to use the system?  Is every category and number in the system is trademarked?  If it's possible to trademark every term in a system or process, what's to prevent me from writing a book and trademarking every sentence?  Or trademarking the titles such as  'Chapter 1', etc?  If that is the case, trademark everything and forgo the patent or copyright.

 

If you go to http://www.libraryhotel.com/

 

You will see, under the concepts link, the floor and room names.  For example:

 

3rd.floor: Social Sciences
Room# 
300.001 Communication 
300.002 Political Science
300.003 Economics
300.004 World Culture
300.005 Money
300.006 Law

 

The hotel is not claiming to be the Dewey Decimal Hotel.  I could (almost) see that being trademark infringement.  However, I fail to see how using the sytem is trademark infringement.

 

Continuing your analogy of 'Kleenex' .  Putting tissues in a box using the same technique as 'Kleenex' should not be trademark infringement.  Patent infringement if there was a valid patent on the technique, but not trademark infringement.

 

 

-----Original Message-----
From: owner-dvd-discuss@eon.law.harvard.edu [mailto:owner-dvd-discuss@eon.law.harvard.edu]On Behalf Of Michael A Rolenz
Sent: Thursday, October 02, 2003 11:40 AM
To: dvd-discuss@eon.law.harvard.edu
Cc: Dvd Discussion Group (E-mail); owner-dvd-discuss@eon.law.harvard.edu
Subject: Re: [dvd-discuss] 120 years and still not in the public domain

It's not copyright but trademark infringement :
"Now the library group is suing the Library Hotel, accusing it of trademark  infringement. "

This may wind up having (or should) the same status as Kleenex. Yes "Kleenex" is a trademark but it is also something used so commonly that it is now a word. Having someone say "give me a Kleenex" in a film should be considered free advertising rather than trademark infringement whereas putting "Kleenex" on a box of paper tissues made by someone else would be infringement since one would be confusing the real "kleenex" with a competitors. I seriously doubt that ANY one would confuse the DDC in a library with a decorative theme in a Hotel...In this case, I hope the Judge sees fit to follow that line of reasoning.

OTOH-Maybe the Hotel should patent using the DDC as a business method of putting numbers in a Hotel.

"Dean Sanchez" <DSANCHEZ@fcci-group.com> Sent by: owner-dvd-discuss@eon.law.harvard.edu 10/02/2003 06:23 AM Please respond to dvd-discuss

To:        "Dvd Discussion Group (E-mail)" <dvd-discuss@eon.law.harvard.edu>         cc:                 Subject:        [dvd-discuss] 120 years and still not in the public domain

Could someone explain how a system of cataloging books invented over 120 years is not in the public domain?  I am referring to the Dewey Decimal Classification system.  This has been nagging at me ever since I first read the article.  The complaint argues that it is trademark infringement to use the system.  This appears to be an end run around the time limitations for copyrights and patents.

http://www.newsday.com/news/local/wire/ny-bc-ny--deweydecimaldefen0920sep20,0,3455241.story?coll=ny-ap-regional-wire