Date: Wed, 19 Dec 2001 07:05:04 +0100 From: "Anthony Atkielski" <anthony@freebie.atkielski.com> To: "Terry Lambert" <tlambert2@mindspring.com> Cc: "Person, Roderick" <personrp@ccbh.com>, "Fergus Cameron" <cameron@argus-systems.com>, <advocacy@FreeBSD.ORG> Subject: Re: Hotmail _still_ runs FreeBSD! Message-ID: <016c01c18853$1c781760$0a00000a@atkielski.com> References: <46AEB8C1B628D511969200508B6FE42A668822@1upmc-msx6.isdip.upmc.edu> <3C1FC353.7D81C2CA@mindspring.com> <00f901c18815$596fbb70$0a00000a@atkielski.com> <3C1FF6A6.B7167372@mindspring.com> <013001c18844$50a922e0$0a00000a@atkielski.com> <3C2028CE.93B730A8@mindspring.com>
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Terry writes: > Microsoft _is_ asserting it. They are not marking it as a trademark or identifying it as such in their published literature. To adequately protect a trademark, you must identify it as such, lest it tend to fall into the public domain. > They have filed for registration ... Only for the word .NET. > ... and the artwork I referred you to earlier > has the trademark symbol following ".NET". It's impossible to identify what symbol follows the word .NET in the artwork you cited, but in any case, the artwork represents a logo (for which MS does indeed assert trademark), not text (for which MS does not assert trademark). > For it to be a common law trademark, it requires > active use; until recently, it wasn't deployed, > so it could hardly be actively used. Then it is obviously not a common-law trademark. > They only need to "defend" it if it's "attacked". They need to actively identify it as a trademark. That's what the TM and (R) bugs are for. > "Failure to call it a trademark"... you mean, > like not attempting formal registration ... No, I mean as in not identifying it as a trademark in their published literature. When you look at the list of trademarks on typical pages, for example, they explicitly identify the logos as trademarks, but not the words Passport or .NET. This is consistent with their official list of trademarks, on which .NET and Passport do not appear. > ... (as they have) ... They have only filed for .NET. > ... and/or not putting the little symbol after it > in the artwork (as they did in the .GIF I gave you > the URL for)? A logo (artwork) is not the same as text in trademark law. They can and must be separately trademarked. To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-advocacy" in the body of the message
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