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Date:      Wed, 19 Dec 2001 00:44:55 -0800
From:      Terry Lambert <tlambert2@mindspring.com>
To:        Anthony Atkielski <anthony@freebie.atkielski.com>
Cc:        Mike DeGraw-Bertsch <mbertsch@radioactivedata.org>, "Person, Roderick" <personrp@ccbh.com>, Fergus Cameron <cameron@argus-systems.com>, advocacy@FreeBSD.ORG
Subject:   Re: Hotmail _still_ runs FreeBSD!
Message-ID:  <3C205387.5E3EF927@mindspring.com>
References:  <Pine.BSF.4.33.0112182054470.90743-100000@glow> <3C1FFDE5.90B751FE@mindspring.com> <014001c18845$8a87ef90$0a00000a@atkielski.com> <3C202B18.4F1AEA2C@mindspring.com> <017401c18853$e44cdc30$0a00000a@atkielski.com> <3C20372B.E93291B9@mindspring.com> <018a01c1885a$0e41c4f0$0a00000a@atkielski.com>

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Anthony Atkielski wrote:
> > What you describe as the requirement is the
> > behaviour I claim Microsoft is exhibiting.
> 
> I know.  The problem is that you have provided no evidence for your claim.

Luckily, Occam's Razor is on my side.  You have not provided
any evidence that they are exhibiting trademark establishing
behaviour as part of some subtrefuge, rather than in an attempt
to establish the trademark.

Barring evidence to the contrary, I think I will take their
efforts at face value.

> > I looked at the other reference I posted, as
> > you obviously haven't. It is clearly an (R).
> 
> It isn't clearly anything.  In fact, upon very close examination, it appears
> to be part of the letter "t," and not a separate symbol at all.  However,
> even in the "large" GIF to which you refer, the symbol, if any, is only two
> pixels across--far too small to distinguish the glyph that might have
> produced it.

You're willfully ignoring it.


> > ... but the information about the status of the
> > registration may be dated, since the USPTO states
> > that the information on their site may lag reality.
> 
> A third possiblity is that you are simply incorrect.

That's highly unlikely, given my track record.

-- Terry

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