From owner-freebsd-advocacy Tue Dec 18 22:10:57 2001 Delivered-To: freebsd-advocacy@freebsd.org Received: from freebie.atkielski.com (ASt-Lambert-101-2-1-14.abo.wanadoo.fr [193.251.59.14]) by hub.freebsd.org (Postfix) with ESMTP id 5FC7A37B41C for ; Tue, 18 Dec 2001 22:10:52 -0800 (PST) Received: from contactdish ([10.0.0.10]) by freebie.atkielski.com (8.11.3/8.11.3) with SMTP id fBJ6AgR22961; Wed, 19 Dec 2001 07:10:43 +0100 (CET) (envelope-from anthony@freebie.atkielski.com) Message-ID: <017401c18853$e44cdc30$0a00000a@atkielski.com> From: "Anthony Atkielski" To: "Terry Lambert" Cc: "Mike DeGraw-Bertsch" , "Person, Roderick" , "Fergus Cameron" , References: <3C1FFDE5.90B751FE@mindspring.com> <014001c18845$8a87ef90$0a00000a@atkielski.com> <3C202B18.4F1AEA2C@mindspring.com> Subject: Re: Hotmail _still_ runs FreeBSD! Date: Wed, 19 Dec 2001 07:10:43 +0100 Organization: Anthony's Home Page (development site) MIME-Version: 1.0 Content-Type: text/plain; charset="Windows-1252" Content-Transfer-Encoding: 7bit X-Priority: 3 X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook Express 6.00.2600.0000 X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2600.0000 Sender: owner-freebsd-advocacy@FreeBSD.ORG Precedence: bulk List-ID: List-Archive: (Web Archive) List-Help: (List Instructions) List-Subscribe: List-Unsubscribe: X-Loop: FreeBSD.ORG Terry writes: > Or maybe it means you can't see the little > symbol to the right of the "t" in "Net" in > this GIF: There appears to be something to the right of the "t," but it is not identifiable. If it is not identiable, it has no meaning. > Common law trademarks do not magically appear > by fiat. No, they appear through active use of a mark as a trademark. > Of course it doesn't. Where do you think > baby trademarks come from in the first place?!? Normally, a trademark is first established as such through regular use and association with a product or service. The trademark is then registered on the basis of this established use. This is the way it works in the U.S.; other jurisdictions may work in the opposite way (registration being required before active use, not after). > Did you examine all 124 applications that > appear to be outstanding ... Yes, I did. None was submitted by Microsoft. > ... with the same dilligence you appear to have > used in the examination of the ".NET" GIF image > trademark symbol to the right of the "t"? Yes. There is no identifiable symbol next to the "t." Furthermore, as I have explained several times, logos and typed drawings (text) are trademarked separately. The trademark symbol you postulate, if any, would most likely apply to the logotype, not the text itself. Tell me, what is that symbol next to the "t"? It is a TM, or a (R), or something else? And how do you know? To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-advocacy" in the body of the message