OCLC takes legal action to protect Dewey Decimal Classification� (DDC�) trademark

[Ann Okerson <aokerson@pantheon.yale.edu>]

Thanks to OCLC for forwarding this message.

---------- Forwarded message ----------
Date: Wed, 24 Sep 2003 15:38:35 -0400
From: OCLC <OCLC@oclc.org>
Subject: OCLC takes legal action to protect Dewey Decimal Classification�
    (DDC�) trademark.

OCLC has received your communication about the news that has been
circulating in regards to legal action OCLC has taken with respect to the
Dewey Decimal Classification and the Library Hotel.

The statement below will provide you with background on the legal action.
The announcment is also posted on our web site.
<http://www.oclc.org/news/announcements/announcement40.htm>

Thank You,
Gary R. Houk
Vice President
OCLC Cataloging and Metadata Services 

****

OCLC has received several inquiries regarding a recent legal action filed
by OCLC involving the Dewey Decimal Classification� (DDC�) system.  We
would like to provide some background on that legal action.
 
On September 10, 2003, OCLC filed a trademark infringement complaint
against The Library Hotel.  The Library Hotel (New York), which opened in
August 2000, makes extensive use of and reference to the Dewey Decimal
Classification at the hotel and in its marketing materials.
 
OCLC is disappointed that legal action had to be taken against The Library
Hotel.  This is an unusual event for OCLC.  However, trademark law imposes
affirmative obligations on trademark owners to protect their trademarks,
or risk losing all rights in those marks through legal abandonment.  We
felt that abandoning our rights in the Dewey trademarks was an
unacceptable result for the OCLC membership.  OCLC attempted to avoid
litigation by repeatedly requesting attribution of our ownership of the
Dewey marks from The Library Hotel. They have refused to do so.
Unfortunately, that refusal left us with no other recourse than to file a
legal complaint.
 
Since 1988, OCLC, a non-profit library services organization, has assumed
ownership of and responsibility for the Dewey Decimal Classification
system (including all associated trademark rights) on behalf of its
membership, and therefore has an obligation to manage the use of the Dewey
trademarks to preserve them for the benefit of the cooperative.
Accordingly, between October 2000 and October 2002, OCLC made three
written requests to The Library Hotel asking the Hotel to acknowledge and
attribute ownership of the Dewey trademarks to OCLC.  The Library Hotel
refused to do so.
 
In appropriate situations, OCLC has established licensing arrangements
that permit the use of the Dewey Decimal Classification trademarks while
protecting OCLC's trademark rights.  OCLC accommodates licensing requests
whenever possible.
 
The Dewey Decimal Classification exists to help libraries and other
organizations and companies organize their information materials so that
users may find information easily.  The DDC is the world's most widely
used library materials classification system.  Over 200,000 libraries in
135 countries use the DDC to organize their collections.  The DDC has been
translated into over 30 languages.  OCLC sells thousands of print and
electronic editions of the DDC each year.  These funds are used to
continue the development of the DDC.
 
The DDC is a general knowledge organization tool that is continuously
updated and revised to keep pace with knowledge.  For example, recent
additions to DDC include:  "extreme sports," DDC classification number
796.046; "Web publications," classification number 070.57973; "laser
surgery," classification number 617.058; and "digital television,"
classification number 621.38807.  Over the past decade, OCLC has invested
more than $6 million to continually update and maintain the effectiveness
and relevance of the Dewey Decimal Classification in a modern world.  It
is important work.  OCLC has seven full-time staff dedicated to the
creation and management of the DDC.  OCLC is supported in this effort by
the Dewey Decimal Classification Editorial Policy Committee, a ten-member
international board whose main function is to advise the DDC editors and
OCLC on matters relating to changes, innovation and the general
development of the DDC.  Appointed by various organizations, EPC members
represent the interests of libraries around the world as they help guide
the ongoing development of the DDC.

***