To be clear with all concerned this was ANCIENT HISTORY. It happened in 1996
and was eventually dealt with amicably by all parties.

Elliot Noss

----- Original Message -----
From: Buddy Page <[EMAIL PROTECTED]>
To: Charles Daminato <[EMAIL PROTECTED]>; <[EMAIL PROTECTED]>
Sent: Thursday, June 28, 2001 11:57 AM
Subject: Re: Tucows-history...


> I stopped by the Patent and Trademark Office website and looked at
> Gateway's trademark records. I can see why they haven't followed up on
> their threat. They didn't actually file a trademark using a cow until
> *after* the letter they sent to you. Also, it's a US trademark and you're
> in Canada. It appears that the CEO sent this letter before getting a
> legal opinion and later found out they had no case. Now you have legal
> documentation that you were using the Cows logo before they filed their
> trademark that had a cow in it. Dumb move on their part.
>
> Also, there are now the legal problems of Laches and Aquiesence (waiting
> too long to file a valid claim and giving the appearance that it was OK
> as a result of the delay or lack of action)
>
> Also, Tucows services aren't close enough to Gateway's and your logo is
> too different from their "spotted box" or their stupid cow standing at a
> sign post.
>
> We've been fighting with Intel over our Website at www.WinTel.com and
> have learned a lot about the sleazy tactics and coercion used by a lot of
> the larger computer companies. Intel has gone as far as using blatant
> fraud and extortion against us. Too bad for them that we stood up to
> their illegal tactics and demanded that the Trademark Trial and Appeal
> Board act on their misconduct.
>
> I'd say the Gateway threat is a non-issue.
>
> By the way, I'm not an attorney, just a knowledgable victim...
>
> Charles Daminato 6/28/01 8:30 AM
>
> >This was passed around today at the office, and while a little off topic,
> >it might bring a smile (pardon the link if she's broken...)
> >
>
>http://groups.google.com/groups?q=tucows&start=25&num=25&hl=en&safe=off&rnu
m
> >=27&ic=1&selm=01bbe260%24f69f6680%24105388cf%40home.idirect.com
> >
> >
> >Charles Daminato
> >TUCOWS Product Manager
> >[EMAIL PROTECTED]
> >
>
>
> -------------------------------
> Lawrence "Buddy" Page
> DataShapers, Inc.
> http://www.datashapers.com
> [EMAIL PROTECTED]
>
> -------------------------------
>

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