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Date:      Fri, 10 Sep 1999 23:41:53 +0000 (GMT)
From:      Terry Lambert <tlambert@primenet.com>
To:        jlemon@americantv.com (Jonathan Lemon)
Cc:        tlambert@primenet.com, brett@lariat.org, davids@webmaster.com, winter@jurai.net, chat@FreeBSD.ORG, jkh@FreeBSD.ORG
Subject:   Re: ANSWER: "FreeBSD" registered by Walnut Creek
Message-ID:  <199909102341.QAA17082@usr04.primenet.com>
In-Reply-To: <19990910182651.54663@right.PCS> from "Jonathan Lemon" at Sep 10, 99 06:26:51 pm

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> On Sep 09, 1999 at 11:19:06PM +0000, Terry Lambert wrote:
> > At times, even I become mildly annoyed, which is a surpassingly
> > difficult state for an outside agency to invoke.
> 
> Is this because of the results of the search, or because of 
> the apparent ignorance of the participants in the discussion?

The LENGTH of the discussion without an attempt to resort to
an avenue other than brow-beating on a mailing list to get the
information.

It's also annoying, because Jordan _must_ know this information
himself, and is simply refusing to provide it for whatever reason,
which just eggs Brett further on, with no end in sight.  I respect
both Brett and Jordan, but it seems to me that in this case Brett
is being less resourceful than I've credited him, while Jordan is
being more belligerant than I've credited him.  Mostly it is my
mislaid credit that annoys me, FWIW.


> And before you jump on me, I'll simply have to plead ignorance
> of the USPTO trademark site.  But then again, I'm not the one 
> considering an alternate distribution, in which cae, I would 
> presumably have a real lawyer to do this for me.

Brett is in a phase of startup where the majority of work is
legwork, and expenditure on lawyers is unwarranted.  Once he
finishes the legwork, and determines that the current holder of
the trademark (or one of its licensees or consigns -- though a
consignment has to be recorded and none was) is willing to enter
into an agreement for its use, THEN a lawyer is needed to write
up the use agreement.


> >  Word Mark			FREEBSD 
> >  Pseudo Mark			FREE BSD 
> >  Owner Name			(REGISTRANT) WALNUT CREEK CDROM,
> > 				INCORPORATED 
> 
> Interesting.  Note that this is the original registrant, so 
> that the mark could be assigned to someone else. 

Consigned (sold).  If this were the case, then the Owner Name
and Current Owner Name would be seperate fields.

It also may be the case that it's like "UNIX", exclusively
licensed to someone (presumable, The FreeBSD Project, Inc.);
such an arrangement need not be recorded at the USPTO.

See the second "UNIX" registration for an example of both of
the above.


					Terry Lambert
					terry@lambert.org
---
Any opinions in this posting are my own and not those of my present
or previous employers.


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