On Mon, 2008-06-09 at 18:46 -0400, Matthew Rubenstein wrote: > On Mon, 2008-06-09 at 18:16 -0400, David Boyd wrote: > > On Mon, 2008-06-09 at 17:14 -0400, Matthew Rubenstein wrote: > > > > However, I'm pretty sure that this has been resolved in the courts. > > > Even though it's HW, not SW, the "100% IBM Compatible" PC clone > > > marketing in the 1980s comes to mind. The HW example is probably an even > > > stronger case, though perhaps the greater mutability of SW than HW, and > > > the GPL that is designed to foster that mutability and sharing of SW, > > > and the lack of patents on the SW (which did encumber the IBM PC) all > > > make an even stronger case for using the word "Asterisk" to compete with > > > Digium, as long as "Asterisk" is used to identify the Digium product, > > > and not misleadingly to identify the competing product. The trademark > > > law takes into account that consumers understand English, and that the > > > trademark is not some kind of hypnotic mind control that makes the > > > consumer buy no matter what context it's used in. > > > > I thought that IBM released the design of the IBM pc to the world, and > > they never tried to control the expansion. If true then the argument > > doesn't support the use of Asterisk in the "Fair" manner that you > > stated. > > > > Now, to be fair, they probably didn't think that anyone would be able > > to make use of the design quite so rapidly :) > > We're not talking about the (engineering) design, we're talking about > the trademark. I'm pretty sure that IBM protects the "IBM" trademark > viciously wherever possible. > > > > Dave
Absolutely valid point, this is what I get for not reading the entire thread prior to responding. Thanks, Dave _______________________________________________ --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
