On Thu, 2003-03-20 at 10:53, Tarus Balog wrote: > > Sinner from the Prairy said: > > > We just got a letter from Arent Fox, attys for AOL, telling us that your > > page at http://ibiblio.org/sinner/video/messenger_en.html misuses the > > words "Instant Messenger" their trademark. > > This is not the case according to the US government, as far as I can tell. > According to TESS: > > http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=75497543 > > The PTO is not going to register "Instant Messenger" to AOL: > > Status: Office action continuing a FINAL refusal to register has been mailed Actually, that's probably using the legal usage of "continue" which means to "put on hold" or delay. (Think of the "PJC" -- prayer for judgement continued -- that people often are granted for speeding tickets. This is an agreement that your case will be held in limbo -- continued -- and then dropped, unless you get another ticket.)
So that might mean that the USPTO has delayed their final refusal, perhaps in response to an appeal/challege from AOL. Here's some information about final refusals and appeals: http://www.uspto.gov/web/offices/tac/doc/basic/afterapp.htm Also, here's an excerpt from http://216.239.39.100/search?q=cache:UJGGD1r56sUC:law.utoledo.edu/faculty/Adjuncts/DM-Federal%2520Trademark%2520Registration%2520Practice%25201.ppt+trademark+Office+action+continuing+a+FINAL+refusal+to+register+has+been+mailed&hl=en&ie=UTF-8 "KEEP IN MIND ... "Although federal registration confers important procedural and substantive rights upon the owner or a trademark, registration does not create a trademark in the U.S. A refusal by the USPTO to register a trademark does not preclude the owner from her right to utilize the trademark. Use, not registration, creates the underlying exclusive right to a trademark. The U.S. is one of very few countries in the world where this is true." In other words, just because the trademark isn't registered by USPTO doesn't mean they still can't sue you for infringement. Though I'm sure it could play a factor in your defense. IANAL, IDNPOOTV* --Jeremy -- /=====================================================================\ | Jeremy Portzer [EMAIL PROTECTED] trilug.org/~jeremy | | GPG Fingerprint: 712D 77C7 AB2D 2130 989F E135 6F9F F7BC CC1A 7B92 | \=====================================================================/ * I am not a lawyer, I do not play one on TV
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