Love May Fade, But Trademark is Forever

Copyright, in comparison, has an enddate, even if it's way past the author's death. But Trademark? It's like a Tiffany Diamond®. The love may be gone but you'll always have that diamond. And wouldn't you know, the Dewey Decimal system is just as sexy, reliable and oh so monetizing. What? Dewey's like a Tiffany Diamond®? Why yes, and possibly better. Because Dewey just keeps on paying.

Melvil Dewey created the system in 1873, and the Online Computer Library Center (who has owned it since 1988) licenses it to 95% of the school and public libraries in the US (makin' Microsoft proud!) for a minimum of $500. All those librarians over the past 130 years have contributed to it, making the system better and adding new categories, but the OCLC, a non-profit keeps the dough. And they have absolutely no incentive to put it into the public domain.

So, boys and girls, today's Intellectual Property parable is about The Library Hotel, which overlooks the NY Public Library. The Library Hotel is based on the theme of the Dewey Decimal System, so you know, floor eight is about erotic lit, seven is performing arts, just like those in the 800 and 700 series in the library. Anyway, the hotel used the Dewey system for their theme, and well, now lawyers are involved, suing for Trademark infringement.

"I would term it straight-out trademark infringement," said Joseph R. Dreitler, a trademark lawyer with the Columbus office of Jones Day, which represents the Online center.

"A person who came to their Web site and looked at the way (the hotel) is promoted and marketed would think they were passing themselves off as connected with the owner of the Dewey Decimal Classification system."

God forbid! But then again, I'm not so sure about that. I can certainly see the difference between the Dewey Decimal system, used in libraries, and the hotel, with pictures of lovely beds and bedding on their website. That I know of, no actual library is offering me expensive sheets and towels to read their books. But just the same, don't mess with that trademark!

Just do as momma told you, go out and trademark something everyone will use, depend on, and bonus! update for you, and voila! You and dozens of generations of your progeny can kick back and enjoy. And remember, copyright's a loser because it ends. Okay, not in your lifetime, but three or so generations later. But trademark is your ticket to endlessly generated wealth! It's the inheritance that just keeps on giving!

/. discusses.

Update: The NYTimes on this story.

Posted by Mary Hodder at September 22, 2003 07:03 AM