Date: Tue, 18 Dec 2001 21:12:17 -0500 (EST) From: Trish Lynch <trish@bsdunix.net> To: Anthony Atkielski <anthony@freebie.atkielski.com> Cc: "Person, Roderick" <personrp@ccbh.com>, Terry Lambert <tlambert2@mindspring.com>, Fergus Cameron <cameron@argus-systems.com>, <advocacy@FreeBSD.ORG> Subject: Re: Hotmail _still_ runs FreeBSD! Message-ID: <20011218210943.D364-100000@femme.sapphite.org> In-Reply-To: <00f401c18813$f9aaa1b0$0a00000a@atkielski.com>
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Beside the facts that trademarks have to be used in a very specific way:
for example: .NET Passport could not be used as a trademark
.NET Passport Online Registration System (or whatever it is)
could be.
I had discussions at length with an IP lawyer about this several months
ago when I was doing research for what would have been the Open Source
Trade Foundation, a non-profit to help manage IP for the Open Source
community.
-Trish
On Tue, 18 Dec 2001, Anthony Atkielski wrote:
> Roderick writes:
>
> > the status of .net is that it is pending trademark.
> > Federal serial number is 78012936
> > filed: June 15, 2000
>
> Trademarks cannot be pending; either they exist, or they don't. Only
> trademark _registrations_ can be pending.
>
> The application that you reference appears to be having a bit of trouble;
> given its very broad claim and the absence of a clear history of prior use,
> that would not surprise me. That may be why Microsoft does not appear to be
> asserting trademark status for it currently (it is not on Microsoft's
> trademark list).
>
> Microsoft doesn't even seem to have tried to register Passport, which is
> probably wise, since a number of other registrations conflict with the one
> they'd probably wish to use. And here again, MS does not appear to assert
> trademark status for the word, and does not include it on its trademark
> list.
>
>
>
>
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--
Trish Lynch trish@bsdunix.net
FreeBSD The Power to Serve
Ecartis Core Team trish@listmistress.org
http://www.freebsd.org
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