caribguy - 10:25 am on Mar 26, 2011 (gmt 0)
Maybe gave you the wrong example (because it made it very easy for you to skirt the real issue), but forcing the TM owner to #1 would be a huge cop out IMO.
It's a slippery slide once you make a commercial entity responsible for enforcing the rules. What's next, requiring a proof of tax-id or business license for adsense operators in far-away-istan? Scope creep, me thinks. Let the courts sort out the fights, each in their own jusrisdiction... That is the closest you get to an open marketplace.