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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
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        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