Regrets, however, that some of the dispute resolution options promoted by the SCI have not yet been used in practice, meaning that the assessment of their effectiveness is based on theoretical judgments; is concerned that no concrete case has been examined to assess the SCI’s role in tackling UTPs, and that a more detailed analysis has not been carried out as regards the collection of data relating to complaints received and resolved; believes that the failure to carry out such an in-depth assessment undermines the overall judgment of the initiative; is disappointed by the statement, as recognised by the aforementioned Areté study eva ...[+++]luating the effectiveness of the SCI, that ‘the actual achievements of the SCI may seem very modest if measured against the actual or perceived magnitude and seriousness of the issue of UTPs’.

(26) Complementary wireless access systems such as RLAN, in particular publicly accessible RLAN access points, increasingly allow access to the internet for end users and allow mobile traffic off-loading by mobile operators, using harmonised radio spectrum resources without requiring an individual authorisation or right of use of the radio spectrum.

That is all the more so if such a contract does not confer on that licensee any right to use that trade mark commercially.

Within the context of this bill, we're not proposing an increase to the level of statutory damages, mainly because, in our view, the commercial and non-commercial distinction that is being proposed in the bill creates a number of unintended consequences, largely on the basis of there being plenty of significant economic harm being created by parties who are doing so for non-commercial purposes.

There's been a concern raised, though, that there is not enough of an emphasis in the bill itself, or in the act, on commercial uses, either by individuals or by dealers themselves; and that the act, even though the government says the intent is not to go after the individual consumer, basically states that it allows agencies to go after the individual users who simply purchase either grey or black market services for themselves and are not dealers.

Neither the Common Logo nor the ENERGY STAR name may be used in any other company name or logo, product name, service name, domain name, or Web site title, nor may the Common Logo, the ENERGY STAR name, or any similar mark be applied for as a trademark, or as part of a trademark by any entity other than the U.S. EPA.