It seems that the Patent Office is having trouble deciding what to do
with the suddenly exploding issue of trademarking anything dealing with the
phrase "Internet".  Here is an interesting tidbit sent to me by the editors
of the Internet Letter.

Greg Aharonian
Internet Patent News Service
============================





(c) 1994 The Internet Letter

Ruling on Internet Trademark Sought
Patent Office Suspends Applications Process

     The U.S. Patent and Trademark Office (PTO) has suspended action on
approving all applications for trademarks using the word Internet. 
    With some potentially significant financial interests involved, the
patent office is trying to decide if anybody has exclusive rights to the
name Internet. 
     "There are obviously potentially tremendous commercial and financial
issues at stake," said Robert Goldberg, an attorney at the Washington law
firm Crowell & Moring. The Internet "has turned into this massive
commercial network, and there's a lot of dollars at stake whatever the
trademark office decides--whether they give it to one side or the other
side, or no one." 
    The dispute has been simmering for some time, but there are
indications the matter could come to a head soon. 
    For one thing, the phenomenal growth of the Internet over the past
year and its booming commercial potential have added pressure for a
resolution of the trademark question. 
    The main parties in the dispute are reluctant to discuss details, but
the matter stems from the PTO's prior approval of Internet trademarks,
including one granted for a company in the banking services business. 
    The existence of those trademarks blocked subsequent applications for
the use of the term Internet, according to PTO attorney Lynn Beresford.
That situation is now under attack on the grounds that no one should have
a lock on the Internet name. 
    In approving the trademarks, Tony Rutkowski, executive director of the
Internet Society, said in an e-mail message that the PTO was "totally
oblivious to the use of the term as a technology and a network for the
previous 15 years." (Rutkowski is special adviser to The Internet
Letter.)
    One trademark is for Internet Inc. of Reston, Va., which operates
electronic banking systems, including automated teller machines. The PTO
approved Internet Inc.'s trademark Jan. 9, 1990. The first company to
register Internet, spelled Inter-Net, was the Bank Computer Network Corp.
in Chicago. Its mark was approved in 1975. 
    Opposition was filed by the Corporation for National Research
Initiatives (CNRI), also in Reston, whose president, Robert Kahn, was the
founder of the Internet Society. The society's own application to
trademark its name was turned down because of the previous registrations. 
    Outlining that group's case, CNRI attorney Patrice Lyons said the
patent and trademark office "has become aware of the broad implications of
Internet, as it becomes more commercially and widely available" for use.
"We are taking the position...that th e term Internet has been in use for
over 20 years and the Internet, capital I, is a major public resource and
that people should be able to use this term 'Internet,' either alone or in
combination." 
    If an Internet trademark is used "to describe something completely
unrelated to [the Internet], then it's possible that it could have some
trademark sense," Lyons said. "But if it's used specifically to describe
the resource, then it's our position th at anyone should be free to do
that." 
    Dale O'Conner, president and chief executive of Internet Inc.,
declined to discuss the matter while it is in litigation. 
    Asked how long the matter has been in dispute, O'Conner said,
"Discussions have been going on for a matter of years." 
     All Internet applications will remain suspended while the two sides
"are slugging it out over who has rights to the word Internet, if anyone
does," Beresford said.  

OTHER NEWS...

The Internet: What's in a Name?
Stock in Trademark (Chart of pending applications)
World Wide Web Services Are Growing Rapidly
  Companies Sign on Despite Risks
DEAR MISS INFORMATION--Fanning the Flames of Criticism
Banking Group Eyes Electronic Check-Writing Concept
CommerceNet Proposes Encryption Standard to Secure Mosaic Transactions
When It Comes to Browsing, Cello Plays Second Fiddle

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Thanks--Jayne

Jayne Levin                                   NetWeek Inc.
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