RE: Owner of Dewey Decimal System Sues Library-Themed Hotel

["Rick Anderson" <rickand@unr.edu>]

> The reason OCLC is filing against the Library Hotel is to protect their
> copyright status with regard to the Dewey Decimal System. If they do not
> challenge this unauthorized use, others with more malicious intent could
> challenge their copyright status. OCLC has offered to negotiate with the
> Library Hotel over this matter and they refuse.

What I keep wondering is how OCLC can claim the DDS as a functional
trademark when so many organizations (i.e. libraries) use it freely
without any acknowledgment of OCLC whatsoever.  It seems to me that if I
were to go around selling facial tissue and calling it Kleenex, the
Kimberly-Clark Corporation would have a clear trademark case against me --
unless it had been permitting other people to do the same thing for fifty
years, in which case a judge would laugh at them for suddenly deciding to
bring suit against me.  Isn't that the situation OCLC finds itself in now?

If so, that would explain why the Library Hotel wasn't interested in
signing a document acknowledging OCLC's right to give (or, by implication,
to deny) permission to use the DDS.  It seems to me that they have a good
chance of winning the court fight over the trademark issue; they'd be
blowing the game early if they stipulated contractually that they're using
the DDS by OCLC's good graces.

Somebody who knows the law in these matter can probably put these
questions to rest; I'm well out of my area of expertise.

-------------
Rick Anderson
Director of Resource Acquisition
University of Nevada, Reno Libraries
(775) 784-6500 x273
rickand@unr.edu