Date: Tue, 18 Dec 2001 22:31:51 -0800 From: Terry Lambert <tlambert2@mindspring.com> To: Anthony Atkielski <anthony@freebie.atkielski.com> Cc: "Person, Roderick" <personrp@ccbh.com>, Fergus Cameron <cameron@argus-systems.com>, advocacy@FreeBSD.ORG Subject: Re: Hotmail _still_ runs FreeBSD! Message-ID: <3C203457.1988AC2E@mindspring.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> <016c01c18853$1c781760$0a00000a@atkielski.com>
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Anthony Atkielski wrote: > > ... 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). Ugh. "They aren't asserting it" ... "They are doing something which might be construed as asserting it, but what they are doing is not sufficiently identifiable" ... "It's identifiable, but it's an assertion on a logo". Prithee... why is there a symbol to the right of the "t" in "Microsoft", as well, if the GIF image in its entirey is a logo on which a single trademark assertion is being made? > > 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. It is now. > > 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. See the GIF. ... I have an idea... why don't you assert that ".NET" and "Passport" are in common use, so that a company which could take just their research budget for last year, and pay every U.S. Senator and Representative 10 million dollars each, can become pissed off at _you_. -- Terry To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-advocacy" in the body of the message
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