The Copyright Societies BUT Who’s Who? And The Dilemmas Even Skeletor & Orko Would Be Contemplating Today!

 

Whilst the thumb rule is: 1 Society == 1 Domain! For example, for sound recording, one! For performance, one! Yet, the provision of acting as an Agent without being a registered copyright society under the ambit of Assignee / Licensee to further license under the ambit of non-exclusivity is also a fact! Yet, furthermore, making it mandatory for the Sound Recordings and Cinematographic Parts be only licensed via Societies; thus, the question ensues, who’s who and who is truly eligible to do what? Who can decide the tariffs when it is also arbitrarily been done? Maybe, we are walking in the Circles! The agent can challenge the Society, the Society can challenge back the authenticity of former’s Non-Registration! Yet, both are Correct in their counterarguments, but also lost in the interpretations! Furthermore, in the case of organizing Events, what should be applied -> Respondeat Superior, OR, Ignorantia Juris Non Excusat, OR, Caveat Emptor?

Please Don’t Juxtapose Piracy Over Copyright Infringement By Making Latter A Cognizable Offense!

 

We are unnecessarily confusing Copyright Infringement with Piracy, by making the former equivalent to a cognizable offense, which to me, would not only kill creativity, that in any case was already absent, but, would further stretch doing the things which could’ve already been resolved vide civil injunctions, penalties, or by removing/withdrawing of the infringed content.

I’ve always written in my blogs that don’t pull the thread of the kite so hard that either it doesn’t fly, or, the thread is only severed. Let the kite be loosely held, and yes, be held! Don’t severe it! Don’t pull it! And at the same time, ne’er let that thread also go away from your hands.

Should Oppositions in T.M.s Be Replaced With Likes Of S.19 Everywhere? And My Dilemma That’s Still Trying To Build Like Bob The Builder!

 

This is another of mine proposed Theory, just alike others (of course all Protected)!

So, here’s the new theory goes! You’ve this provision in every IP Office, in case of Trademarks, the Registrar bearing the power to recall its decision of acceptance i.e. withdrawing the acceptance of any trademark before the registration itself! Correct?

There’s Still A Glitch In the Domain Names Implementation!

 

Shouldn’t the cctld be restricted for country specific ‘residents’ only everywhere, like in the cases of .us, .eu, .jp, .fr etc. usually? As many of the other cctld’s are not covered with the same security features & measures! And the reason is -> why would someone else would need another country’s cctld, while operating from somewhere else? Of course, I know the contention is that what about MNCs who’ve global presence, then, their rights in TMs would become obsolete or been jeopardized! NOPE! The said provision is already present as one has to provide the address of service first or the reason before registering them!

What Should Be The Role Of ICANN In Terms Of Paid Privacy Features? And The Dilemma That Recently Met With -> Kaiju Eel!

 

Shouldn’t the paid privacy feature be the prerogative of the ICANN only, and not of the Registrars’? Would it be correct for the Registrars asking the Registrants the Privacy Fees for the Domain Name Privacy Protection Features? In the 90s, the domain names were free, and it was understandable, as Not many had the access of the Internet, and not many were using Custom Domains, and not many Domain names were generated; and as the options on the table were many! And this is also true that the Concept of privacy didn’t come until late, maybe after the DMCA act, for the protection of the online data of the Individuals (which thanks to the likes of AI Companies  today, who butchered Berne & DMCA), and then, the part of the Cybersquatting cases rose, in terms for the protection of the Trademarks it was needed. But herein the dilemmas crossed the paths with Kaiju Eel!

Issue With Any Trademark Accepted With A Disclaimer! And My Dilemma Riding On-> Thomas The Train!

 

Restricting to any Demography is understandable in the Disclaimer Clause! BUT, I never understood, especially, when any trademark is considered as whole, why then restricted disclaimer clause is attributed for certain words in it, especially in the Device Mark itself? This creates an issue later, even at the time of adjudging the opposition or rectification. For the reason, that, now one is allowed to use the Mark with the Disclaimer; YET, one is not allowed to have the exclusive user rights over it, even as a whole! You can’t oppose or rectify it, YET, you can oppose or rectify it!