From owner-freebsd-advocacy Tue Dec 18 22:44:10 2001 Delivered-To: freebsd-advocacy@freebsd.org Received: from falcon.prod.itd.earthlink.net (falcon.mail.pas.earthlink.net [207.217.120.74]) by hub.freebsd.org (Postfix) with ESMTP id 4DA6837B417 for ; Tue, 18 Dec 2001 22:44:07 -0800 (PST) Received: from pool0514.cvx21-bradley.dialup.earthlink.net ([209.179.194.4] helo=mindspring.com) by falcon.prod.itd.earthlink.net with esmtp (Exim 3.33 #1) id 16GaSJ-0003wh-00; Tue, 18 Dec 2001 22:43:56 -0800 Message-ID: <3C20372B.E93291B9@mindspring.com> Date: Tue, 18 Dec 2001 22:43:55 -0800 From: Terry Lambert X-Mailer: Mozilla 4.7 [en]C-CCK-MCD {Sony} (Win98; U) X-Accept-Language: en MIME-Version: 1.0 To: Anthony Atkielski Cc: Mike DeGraw-Bertsch , "Person, Roderick" , Fergus Cameron , advocacy@FreeBSD.ORG Subject: Re: Hotmail _still_ runs FreeBSD! References: <3C1FFDE5.90B751FE@mindspring.com> <014001c18845$8a87ef90$0a00000a@atkielski.com> <3C202B18.4F1AEA2C@mindspring.com> <017401c18853$e44cdc30$0a00000a@atkielski.com> Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit 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 Anthony Atkielski wrote: > 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. Then look around, and find one where it is more identifiable. I've already probided you with URLs to the effect that the trademark symbol in the image on ".NET" is readily identifiable. > > 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). Luckily, we are looking at the regular use of the terms ".NET" and "Passport" with respect to a Microsoft service offering, and Microsoft is a U.S. company. What you describe as the requirement is the behaviour I claim Microsoft is exhibiting. > 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? I looked at the other reference I posted, as you obviously haven't. It is clearly an (R). Perhaps you need better glasses, or a bigger picture shoved in your face, as you appear to be unwilling to look for pictures on your own: http://www.passportimages.com/1033/dotnetlogoBIG.gif Note that the registration is on the word, not the image, as it has seperate symbols for both words. My best guess is that the registration tagging is premature on their part, but the information about the status of the registration may be dated, since the USPTO states that the information on their site may lag reality. -- Terry To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-advocacy" in the body of the message