Shareholder Bulletin: The "Go" issue...
Dear Shareholders:
I'll be brief.
Does GNET have a service mark (sm) on the word "Goto" (Go2Net, Go2.com)?
If so (and it's inconceivable this asset hasn't been so protected), it seems to me that DIS is an *infringer*. The legal theory here is that Disney's "Go" Network creates confusion in the marketplace and, with its formal launch, is now trading on the goodwill of the "original," "genuine" article: Go2Net. Heck, I'm getting confused just writing about it! As DIS is in the same Net businesses as GNET, there is absolutely no "wiggle room" in DIS' use of the mark. (Were DIS selling "Go" carts, they'd have an argument...)
If GNET pursues a claim, it is worth millions to shareholders. Let's face it, folks, DIS has tied its Net future to the word "Go." (Rather odd that DIS would 'overlook' us, wouldn't you say?) It's too late for DIS to change it and they have megabucks invested in it. Actually, this controversy could sort of force DIS to buy out GNET shareholders as a means of settlement. (And the mere thought of a torrent of bad press for DIS is making me sick, as I'm a shareholder!)
I'm not an attorney but I have experience in this area. I once took on 3M in a fight over its infringing use of my firm's proprietary service mark. Easily won. (They licensed it from us for big bucks.)
So the questions are 1) do we have a service mark here?, and 2) how do we communicate this issue to management?
Are they with us on this board, or do we take it up through other means? In my view, this issue is urgent, priceless and actionable.
BAM
|
