Re: [atlarge-discuss] Negative Confirmation

[eric@hi-tek.com]

I have no Idea what I am talking about but;
failure to protect and acquiescence to anothers' us of a mark is tantamount to
surrendering the use of that mark.
In California we have gone so far as to allow tacit admissions as acceptance
of proposals in evidence.
If someone calls you a liar and you do not smack him you admit to being a
liar.  If you use someone's trademark openly and notoriously and they do not
object then they allow it.
However to my knowledge that is the case in NZ, AU, JP but not in FR or DE.
Fun isn't it.
Of course I am a lay minister and not a lawyer so I could be mistaken.
Sincerely,
Eric

Walter Schmidt wrote:

> On Sat, 21 Sep 2002, it was written:
>
> > If they (ICANN) do not react, it is clear that they allow us to use
> > their (now appropriately faded) logo.
>
>    ...this is called Negative Confirmation
>
> I've read this stated here, more than once - but it doesn't work that
> way. By ICANN not responding, all it means is they haven't told us to stop
> nor given us permission to continue.
>
> By their lack of response, they have allowed us nothing - other than the
> knowledge that they have yet to give us their position on the question at
> hand.
>
> Understand, we can proceed, but we do so with no lessened concern...
>
>
>  --- REgards, walts@dorsai.org Walter C. Schmidt, IT CPA  Blue(.) ---
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