|
OCLC v. Library Hotel
by Rachel Fisher, Kilpatrick Stockton
The KS Librarians loved the idea of the Library
Hotel. When we announce what our occupations are to folks,
the most common response is: "Betcha know a lot about
the Dewey Decimal!".
Of course, this tells us that the speaker hasn't visited a
library since high school since most academic libraries use
the Library
of Classification System. Each of the Library Hotel's
10 guestrooms floors honors one of the 10 categories of the
Dewey Decimal Classification System and each room contains
a collection of books within the class of the floor the room
belongs to.
So, what is the Dewey Decimal System? Melvil
Dewey, a librarian who began the field of library science
when he created Columbia University's School of Library Economy
in 1887, is best known as the inventor of what came to be
called the Dewey Decimal System of Classification. Devised
in 1876 as a system for small libraries, it contained subject
categories and short call-numbers. The system is based on
ten classes of subject (000-999), usually used with the Cutter
system developed by Charles
Cutter. The cutter number for a book usually consists
of the first letter of the author's last name and a series
of numbers. This series of numbers comes from a table that
is designed to help maintain an alphabetical arrangement of
names.
OCLC, the Ohio-based Online
Computer Library Center,is a nonprofit, membership, computer
library service and research organization dedicated to furthering
access to the world's information and reducing information
costs. More than 45,000 libraries in 84 countries and territories
around the world use OCLC services to locate, acquire, catalog,
lend and preserve library materials. OCLC filed trademark
infringement suit against the Library Hotel in Southern District
of Ohio on September 10, 2003. The docket number for the case
is: 2:03-cv-00816-EAS-TPK. OCLC is represented by the law
firm, Jones Day.
OCLC's main objection is Library Hotel's use of the Dewey
Decimal System without giving OCLC attribution. OCLC maintains
that without attribution, it runs the risk of losing the rights
to the classification system and libraries would suffer as
a result. The complaint filed by OCLC alleges a likelihood
of confusion or deceit, false designation of origin of services,
implied business approval of the hotel's services and a danger
of the Dewey marks becoming generic. See Complaint, pages
9-10. Federal trademark protection could be generally used
to designate a classification system when it is used in connection
with a product or service in commerce. OCLC promotes goods
and service in connection with the Dewey System. See complaint
at 6-7. Other registered trademarks exist for classification
such as: North American Industry Classification System (NAICS).
See Reg. Nos. 2320850, 2409877, 2407714 and 2732395. OCLC's
use of the Dewey System exceeds five years pursuant to 15
U.S.C. Section 1065. So, the question that faces the Southern
District of Ohio, is how will OCLC's intellectual rights be
enforced?
The suit is making news
headlines. Hopefully, the message won't be lost in these
stories that the crux of the argument is the protection of
the Dewey Decimal System. Although the System is the subject
of many jokes, it serves a valuable purpose in organizing
information in a format for users to find data easily.
Check out the current status of the case at:
http://www.libraryjournal.com/article/CA338581?display=breakingNews&
|