How can a concept be trademarked? Isn't it the technical implementation (architecture) of the concept that can be trademarked?? Specifically in the case of Voip, inc, the software/hardware/algorithm they used, provided it is proprietary, can be theirs for trademark. BUT, if someone appears later and implements the same concept with entirely different equipment/software/hardware etc, etc (in other words, done from scratch), example: current asterisk implementations of click-to-call... then there is just no trademark infringement. The first sentence on the trademark abstract says "...A telephone call connection ARCHITECTURE".
Case in point: Microsoft didn't receive the windows NT drivers from Novell... they just went ahead and wrote them from scratch with reverse engineering. No legal contest because they never copied anything. Am I wrong? Fine, I am no trademark lawyer. Someone please correct me if I am. But to me it just looks like someone who wants to bully its way into the market by scaring companies who won't want to spend the legal fees. C. Savinovich -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Dean Collins Sent: Tuesday, August 05, 2008 8:13 AM To: Commercial and Business-Oriented Asterisk Discussion Subject: Re: [asterisk-biz] Click-to-call lawsuit - Voip Inc. Weak as piss. If you are that concerned sell your hardware to a third party incorporation outside of the usa and 'lease' back a service on a 'cost per basis'. Then when you receive the subpoena tell them to go F4ck themselves. When are USA politicians going to realize that Troll patents like this are damaging the economy by driving up the cost of doing business in the USA. Cheers, Dean -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Trixter aka Bret McDanel Sent: Monday, 4 August 2008 9:29 PM To: Commercial and Business-Oriented Asterisk Discussion Subject: Re: [asterisk-biz] Click-to-call lawsuit - Voip Inc. On Mon, 2008-08-04 at 17:01 -0700, Al Lougher wrote: > Does anyone have an update on the Voip Inc. click-to-call lawsuit in > regards to their patent infringement? We are looking at offering this > technology to our existing customers and curious to know more about > this case and any other patents related to click-to-call technology. > > Link: http://blogs.zdnet.com/ip-telephony/?p=3216 > > Thanks > Alan > > one way around this would be to read their patent and see if you can do it a way that doesnt violate. I know google has a feature like this and they dont appear to be sued. They make an attractive target if the patent is valid, not so attractive if its junk because they tend to fight that, such as RTI (from NY somewhere) patent on LCR. Google called shenanigans and they sued for $4B or something, their settlement fee was something around $20k and got many to settle because it was cheaper than fighting it. -- Trixter http://www.0xdecafbad.com Bret McDanel Belfast +44 28 9099 6461 US +1 516 687 5200 http://www.trxtel.com the phone company that pays you! _______________________________________________ --Bandwidth and Colocation Provided by http://www.api-digital.com-- AstriCon 2008 - September 22 - 25 Phoenix, Arizona Register Now: http://www.astricon.net asterisk-biz mailing list To UNSUBSCRIBE or update options visit: http://lists.digium.com/mailman/listinfo/asterisk-biz _______________________________________________ --Bandwidth and Colocation Provided by http://www.api-digital.com-- AstriCon 2008 - September 22 - 25 Phoenix, Arizona Register Now: http://www.astricon.net asterisk-biz mailing list To UNSUBSCRIBE or update options visit: http://lists.digium.com/mailman/listinfo/asterisk-biz _______________________________________________ --Bandwidth and Colocation Provided by http://www.api-digital.com-- AstriCon 2008 - September 22 - 25 Phoenix, Arizona Register Now: http://www.astricon.net asterisk-biz mailing list To UNSUBSCRIBE or update options visit: http://lists.digium.com/mailman/listinfo/asterisk-biz
