> Your ideas about trademarks are based on a statist
> view of who has authority to issue a trademark.
> Under the common law, a trade mark is claimed by
> using it in trade.  Under the authoritarian
> statist approach, a trademark is "registered" by
> filing with the feral gummint.

I'm less interested in how things ought to be, then how they really are.  I
have no interest in starting a revolution.  Since, the trademark is
registered with the US government, then the owners obviously want to abide
by the authoritarian statist approach or else they wouldn't have registered
it and just plainly used it in trade.

> > Since, the governing body of said trademarks
> > seems to think that G&SR owns them, then G&SR does
> > own them.

> That claim is a lot of nonsense.  You are saying that
> the government agency which depends on papers filed by
> G&SR knows more about the disposition of G&SR's
> property than does G&SR.  How can that be?

So you agree with me that the trademarks are actually owned by G&SR and
there is a plain black and white lie on the e-gold website?

> > My point is that the e-gold website was doing fine
> > before they added that line to the bottom on the site.

> Yes, but it isn't your site.  You aren't paid to
> come up with legal claims and disclaimers for that
> site.  Take it up with Barry Downey.  Sue them over
> it, if you wish, and see how the courts settle the
> matter.  (Good luck establishing standing.)

It's not my site but I have a vested interest in its success because I own
businesses that rely on it.  And I don't like to file lawsuits when they
might not be needed.  Who knows, maybe Barry will read this and think to
himself that this situation might hurt them in any future lawsuits where
they need to prove the seperations between G&SR and e-gold.

> > There is already sufficient confusion about
> > the "one in the same-ness" of e-gold, Ltd. and
> > G&SR and this only helps to further that confusion.

> My friend, there is no confusion.  Gold & Silver
> Reserve, Inc., seems to be owned and operated by the
> same group of people who own and operate e-Gold, Ltd.,
> with few exceptions.  It seems to me that they
> may have interlocking boards of directors which is
> one of the key ingredients for piercing the
> corporate veil....

The key word in the above paragraph is "seems".  G&SR might be owned by
Doug, Ried, Barry, etc. etc. but I, and probably you also, have no proof of
this?  Do you have a list of board of directors?  I'm glad to see that
atleast one ecurrency out there (Pecunix) is disclosing these types of
things and no leaving it to people to speculate.

> addresses @omnipay.net are the same as their
> addresses @e-gold.com.  I suggest that there is
> no confusion at all.

There is no confusion to you because you and I both agree that e-gold and
G&SR are two very tightly connected companies.  But in my experience at
working in the G&SR offices, they wanted to give out the appearance that
e-gold and G&SR were very independent.  That is where the confusion comes
in.

> > I consider it a risk to my gold that the "e-gold"
> > name is actually owned by a second company.

If we consider the trademark to be property, then we can also consider it to
be an asset.  Since G&SR takes normal business risks and could potentially
fail, then assets that should belong to e-gold at no risk are at risk under
G&SR ownership.  It further puts e-gold Ltd under risk because G&SR and
e-gold could be considered "Parent & Subsidiary" by some courts.  Parent
companies can be held liable for their children companies.  One test of this
is Common ownership of assets.  Not to mention common employees, shared
office space, and common management.  But I'm sure they know this.

> > Even more than that, I consider it a risk that
> > the access to my gold is actually controlled my
> > a second company that I would rather not have
> > anything to do with.

> Dude, that sounds like rough rocks.  Your e-gold
> is accessed via http://use.e-gold.com/ which is
> a site owned and operated by e-gold, Ltd., as I
> gather.  The actual gold which is involved is
> stored in London, Zurich, and Dubai for a special
> purpose trust which is described on the e-gold
> Examiner.html and related pages.  However, it was
> all started by this antecedent outfit called
> Gold & Silver Reserve.

The e-gold website is operated and maintained by G&SR:
http://www.e-gold.com/unsecure/contact.html

> If you want out, please visit http://cambist.net/
> and sell your e-gold for:

Just because I don't like it.. doesn't mean I won't continue to profit from
it.  I gather you don't particularly like the FRNs, but you will probably
continue to profit from them.

>  What I
> cannot do is change the nature of the owners
> of e-gold, Ltd., or their antecedent organization
> G&SR.

And I'm not asking you to do anything.  I'm asking e-gold and G&SR to create
a more black and white distinction between them and make the whole system a
little more transparent.  Its in the long term interests of both companies
and all users of the system.  You ask what I would do if the US government
was overthrown.  I think the odds are a lot better of G&SR failing then the
government being overthrown.  And I'm trying to figure out what I will do
when that happens.

> But, I don't see how your complaint is much more
> than mere whimsy from the point of view of Doug
> Jackson, Reid Jackson, Barry Downey, or Jim Ray.
> I don't think those guys are especially confused
> about what a government registration is or means.
> If they take such registration paperwork a bit
> less seriously than do you, that might be to their
> credit.

They might not be confused but maybe lazy.  The e-gold system will be better
trusted when they start providing proof for what they put on the website.
This trademark issue is just one of the things that are hurting their
"trustability" right now because the statement on the site is just blatantly
false.  Not to mention the non-existent audits of the numbers provided on
the examiner.

Khurram Khan




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