I got a clue, from you comments on this list. You're marketing
"asterisk-related" domains to sell products and services at least some
of which competing with Digium, at least some of which have the
trademarked "asterisk" in the domain name.
I could be wrong, but the strongest clue has been your cageyness in not
just posting their names in your ad - the strongest sell with the least
effort. So why don't you prove me wrong by posting all of them? In which
case you're just overselling a product with unnecessary mystery at
unnecessary effort.
On Sun, 2008-01-06 at 20:13 -0800, Justin Newman wrote:
> Get a clue. I hope you don't practice law. 18 USC Sec. 1051 etc. was meant to
> help folks identify the mark holder and it's source. Digium would have an
> up-hill battle trying to get me on rights for "sipdid.com".
>
> The only thing clear from your e-mail is that you lack information to pass
> judgement. I said "asterisk-related". Does "recordacall.com" infringe upon
> Digium's marks? However, that to me is "asterisk-related", as it may be of
> interest to companies which do business with Asterisk or similar platforms. I
> have a bunch of them.
>
> Under the Lanham Act, the so called trademark owner still has the burden of
> proof. Also, the word "asterisk" is widely used in technology, software, and
> on the Internet. We all know that any idiot can sue the same. That doesn't
> mean they will win or that they would even want the bad press.
>
> ----- Original Message ----
> From: Matthew Rubenstein <[EMAIL PROTECTED]>
> To: Justin Newman <[EMAIL PROTECTED]>
> Cc: Asterisk -Biz <[email protected]>
> Sent: Sunday, January 6, 2008 6:24:15 PM
> Subject: Re: [asterisk-biz] Bunch of asterisk-related domains for sale
>
> You're pitching domains that are "asterisk related", which, as nothing
> but names, means they have the word "asterisk" in them. You're pitching
> them to people on the "asterisk-biz" list, "Commercial and
> Business-Oriented Asterisk Discussion". Your offerings clearly infringe
> the Digium trademark on "Asterisk" used to identify Digium's "Asterisk"
> product.
>
> Under the Lanham Act, which your copy/paste operation evidently failed
> to fully parse, if a mark holder fails to "vigorously pursue" action
> against an infringer who's diluting the mark as used under the held
> trademark, the original mark holder can lose claim to exclusive use of
> the mark.
>
> Understanding trademark requires more than hitting Wikipedia. But then
> you might not have registered those domains intending to make money
> infringing someone's trademark.
>
>
>
> ____________________________________________________________________________________
> Never miss a thing. Make Yahoo your home page.
> http://www.yahoo.com/r/hs
--
(C) Matthew Rubenstein
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