I don't need to prove anything to you little guy. If you're not interested, delete the message and move on. This is the biz list. I have domains I thought others may be interested in; the last place I'd post infringing work is on the owner's list and I don't compete with Digium.
----- Original Message ---- From: Matthew Rubenstein <[EMAIL PROTECTED]> To: Justin Newman <[EMAIL PROTECTED]> Cc: Asterisk -Biz <[email protected]> Sent: Sunday, January 6, 2008 9:09:47 PM Subject: Re: [asterisk-biz] Bunch of asterisk-related domains for sale 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 ____________________________________________________________________________________ Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now. http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ _______________________________________________ --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
