[12309] in Commercialization & Privatization of the Internet
Name Reg. Time for Policy Change
daemon@ATHENA.MIT.EDU (Barry Shein)
Sun May 15 12:11:26 1994
Date: Sat, 14 May 1994 21:52:35 -0400
From: bzs@world.std.com (Barry Shein)
To: nettech@crl.com
Cc: bruce@phantom.com, com-priv@psi.com
In-Reply-To: "Joseph W. Stroup"'s message of Fri, 13 May 1994 23:43:21 -0700 (PDT) <Pine.3.87.9405132321.A27606-0100000@crl.crl.com>
>From: "Joseph W. Stroup" <nettech@crl.com>
>The MTV situation is one of great interest to me. As far as I can tell
>there has been a joint sharing of the MTV servicemark & copyright with
>the person you mention. Its would seem that both parties granted each
>other a mutual license by their actions.
But Curry was an employee of MTV at the time. Employees don't
generally need nor receive license to use their company's trademark,
even if the activity isn't entirely front desk (obviously an employee
can in theory abuse an employer's trademark, but that's not at issue
here.)
Since MTV withdrew his permission to use the mark when Curry left MTV
it seems to me that this is a fairly open and shut case. They allowed,
even supported, this experimentation so long as he was an employee.
When he left the company they withdrew it. I don't see any subtlety
here.
That Curry believes his activity was independent of his employer
doesn't sound like a very supportable idea. Particularly when, as you
cite, MTV (the company) used this information publicly during
air-time. I suspect all he means is that there exists someone,
somewhere in the company who didn't know or participate in his
activity. Sounds thin to me, particularly when a large company is
involved.
That MTV has become so litigious, however, seems silly and uncalled
for assuming Curry has agreed to cease and desist. Let's hope they
just want to get on record that they have defended their mark and drop
the whole business ASAP.
-Barry Shein
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