[Most of the domains are asterisk-related, like I said, but not asterisk infringing--most do not have the word Asterisk in the them, but none-the-less...]
Thanks for your feedback, but Digium does not own the word "Asterisk". Simply using the word "Asterisk" within a domain name or another product name does not necessarily mislead. They may send you a cease and desist, but that doesn't mean they have protection. Also, they aren't forced by law to protect their trademark. That is up to them. Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence legal proceedings against a party which infringes its registration. Where the respective marks or products or services are not identical, similarity will generally be assessed by reference to whether there is a likelihood of confusion that consumers will believe the products or services originated from the trademark owner. If the respective marks and products or services are entirely dissimilar, trademark infringement may still be established if the registered mark is well known pursuant to the Paris Convention. In the United States, a cause of action for use of a mark for such dissimilar services is called trademark dilution. ----- Original Message ---- From: randulo <[EMAIL PROTECTED]> To: Justin Newman <[EMAIL PROTECTED]>; Commercial and Business-Oriented Asterisk Discussion <[email protected]> Sent: Saturday, January 5, 2008 11:04:21 PM Subject: Re: [asterisk-biz] Bunch of asterisk-related domains for sale On Jan 6, 2008 2:14 AM, Justin Newman <[EMAIL PROTECTED]> wrote: > > I have a bunch of asterisk-related domains for sale, if anyone is > interested. Contact me off list... I would remind everyone that asterisk is a registered trademark and that using it in a voip related context may result in legal issues Digium might be forced by law to actively pursue. I own a couple of domains as well, but I've let them expire because of that issue. If someone wants to buy such domains, even for $8 each, consult a lawyer about your plans first or contact Digium for permission. ____________________________________________________________________________________ Never miss a thing. Make Yahoo your home page. http://www.yahoo.com/r/hs _______________________________________________ --Bandwidth and Colocation Provided by http://www.api-digital.com-- asterisk-biz mailing list To UNSUBSCRIBE or update options visit: http://lists.digium.com/mailman/listinfo/asterisk-biz
