[LINK] 'Yellow Pages' as a Trademark

[Josh Rowe]

I have received a similar letter regarding CAUBE-AU's use of the term YellowPages here:  http://www.caube.oro.au/optout.htm

I have not responded yet.


Josh
--
http://josh.id.au/

On Fri, Jan 18, 2008 at 10:44:22AM +1100, Roger Clarke wrote:
> I've received a 'nastygram' purporting to be on behalf of Telstra/Sensis.
> 
> It says that the web-page at 
> http://www.anu.edu.au/people/Roger.Clarke/ISRes/AISPlug
> "represents out clients' trade mark, in a manner which is not correct".
> 
> I am requested to:
> -   "use the [R inside a circle] symbol next to the trade mark ...";
> -   "use the name of the product as a noun (eg "the Yellow Pages
>      [R inside a circle] Directory".
> 
> The final paras. are at the pleasant end of nastygram expression.
> 
> I'd be interested in your thoughts.
> 
> After you've worked out what *you* think about it, my draft letter is 
> below.  Suggestions for improvement appreciated.
> 
> _________________________________________________________________________
> 
> 
> Mr Bruce J. Akhurst
> Group Managing Director
> Telstra Media Services and CEO Sensis Pty Ltd
> 242 Exhibition St
> Melbourne   VIC   3000
> 
> Dear Mr Akhurst
> 
> Re:    Use of the Term 'Yellow Pages'
> 
> I've received a letter dated 18 December 2007 from a Partner of a law 
> firm Piper Alderman in Adelaide, purporting to be acting on your 
> behalf, and requesting that I insert a symbol into a web-page.  The 
> letter was incorrectly addressed to the facilities provider rather 
> than to the content provider, and hence took nearly a month to reach 
> me.
> 
> The web-page in question dates from 1995, and has not been amended 
> since March 1996.
> 
> It offered a directory of 'Electronic Communications Resources' for 
> Information Systems (IS) Academics across the world, through the 
> Association for Information Systems.  In a section entitled 'Ways of 
> Finding IS People and IS Departments', it included:
> "For more general resources, try:
> *   the world fax number directory;
> *   Telstra's (Australian) White Pages;
> *   Telstra's (Australian) Yellow Pages (the first commercial yellow 
> pages in the world on the net)."
> 
> The site as a whole contains a couple of thousand pages, and has 
> accumulated something approaching 25 million hits;  but the hit-count 
> on this particular page has contributed a minuscule proportion of 
> them, and most recent hits would doubtless be merely search-engine 
> robots.
> 
> I find it absolutely extraordinary that your company would fund a 
> partner in a law firm to waste time and money searching out harmless 
> pages and writing 'nastygrams' of this kind - energy that could 
> instead be invested in improvements to the product.
> 
> Note that the use of the term on the page is quite general, and there 
> is no evidence of any attempt to appropriate the term, nor to benefit 
> commercially or otherwise from its use, nor to denigrate the IP 
> owner.  In fact it promotes your site, and speaks in a complimentary 
> manner about it.  Under the circumstances, the letter is not only 
> inappropriate, but oppressive.
> 
> Yours sincerely, etc.
> 
> 
> -- 
> Roger Clarke                  http://www.anu.edu.au/people/Roger.Clarke/
> 
> Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
>                    Tel: +61 2 6288 1472, and 6288 6916
> mailto:Roger.Clarke at xamax.com.au                http://www.xamax.com.au/
> 
> Visiting Professor in Info Science & Eng  Australian National University
> Visiting Professor in the eCommerce Program      University of Hong Kong
> Visiting Professor in the Cyberspace Law & Policy Centre      Uni of NSW