----- Original Message -----
Sent: Thursday, March 20, 2003 11:02
AM
Subject: RE: [internetworkers] [Not a
joke] AOL is suing me!
To me this looks like a case of AOL-MSN turf war, with Josep
as the civilian casualty. I don't think they'd have been upset if you'd
been taking about instant messaging and how cool it was in general, I think
where they're torqued is that you're referring to a competitors service (MSN
Messenger Service) as Instant Messaging (which AOL has
trademarked).
In other words, you're telling people how Scott Facial Tissues
are the best Kleenex there is. The main differences are:
1) "Kleenex" has officially fallen "into the public domain"
*because* Kimberly Clarke _didn't_ go after people who were using "kleenex"
generically!
2) "Kleenex" is (obviously and, I'd say, arguably) a more
"unique" term than Instant Messenger and is/(was at one point) more defendable
as "trademarked."
An important thing to remember is that from a legal
perspective (correct me if I'm wrong Thomas), a requirement for successfully
defending a trademark in court is that you have, in fact, pursued those who
were using your trademarked term "incorrectly." If AOL didn't do this,
there'd be no way "Instant Messenger" could survive a trademark
challenge.
FWIW, I do think it's ridiculous, and I agree with Dallas that
the biggest problem is probably the way the capitalization and the grammar
make it seem like you're using "Instant Messenger" as a stand-alone noun,
rather than, using something like "instant messaging tool".
My $02, YMMV.
-Gina
Gina Norman
Senior Manager, Global Web
Governance
ginanorm AT nortelnetworks.com
919-905-4801 (ESN 355)
http://www.nortelnetworks.com
> -----Original Message-----
>
From: Shea Tisdale [mailto:shea AT sheatisdale.com]
> Sent: Thursday, March 20, 2003 10:49 AM
> To: Internetworkers: http://www.ibiblio.org/internetworkers/
> Subject: Re: [internetworkers] [Not a joke] AOL is suing
me!
>
>
> I would argue that instant messenger is so common a
> descriptive term for the
> various generic "real-time communication services" that they
> would easily
> lose
the trademark if it went to court.
>
> Are you going to change it?
>
> ----- Original Message -----
> From: "Josep L. Guallar-Esteve"
<jlguallar AT maduixa.net>
> To:
"Internetworkers: http://www.ibiblio.org/internetworkers/"
> <internetworkers AT lists.ibiblio.org>
> Sent: Thursday, March 20, 2003 10:33 AM
> Subject: [internetworkers] [Not a joke] AOL is suing me!
>
>
> > Hi,
> >
> > This is not a joke.
> >
> > AOL are complaining about me using plain
descriptive
> English words. First
> I
> > was in outrage. Then, I read
again:
> >
> >
This is insane, abusing and inmoral. Oh, wait. We are
> talking about AOL
> and
> > Lawyers in the same sentence, so it makes perfect
sense.
> >
> >
Anyway, I do not want to drop perfect descriptive English
> words to please
> > insane, inmoral
and abusing delusions of ownership by a corporation.
> >
> > Next time, what will it be?
Someone copyrighting the word "the"?
> >
> > "Dear Sir,
> >
> > Ron & Mor, attys for The THE, inc, informs you
that you are
> using their
> > trademarked word "the"(c) (tm) in your pages. Please
> remove it from your
>
> pages or changed it by "(definite article in English goes
> here)" or pay a
> >
licensing fee of
> >
> > BK$ 32.12
> > (thiry-two and
12 Bork Dollars)
> >
> > per a usage of 100 "the""(c) (tm) word.
> >
> > Best regards,
> > Ron & Mor, Attys for The THE, inc"
> >
> >
> > ---------- Forwarded Message ----------
> >
> > Subject: Need
your help: AOL whines about trademark on your pages
> > Date: Thursday 20 March 2003 08:31 am
> > From: Paul Jones <pjones AT metalab.unc.edu>
> > To: jlguallar AT maduixa.net
> >
> > ---------- Forwarded
message ----------
> > Date: Tue, 11 Mar 2003
11:50:09 -0500 (EST)
> > From: Paul Jones
<pjones AT metalab.unc.edu>
> > To: Josep L.
Guallar-Esteve <sinner AT metalab.unc.edu>
>
> Cc: labratz AT metalab.unc.edu
> > Subject:
AOL whines about trademark on your pages
>
>
> > 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. They are asking that you
> > instead use the generic term "real-time
communication
> service" which is to
> > my mind confusing and opaque. I see from your pages
that
> you are actually
> > referring to Microsoft Messenger so you would be in
compliance and
> > accurate if you simply
dropped the "Instant" from the pages.
> > Could
you do that? If not, could you drop me a note telling
> me that you
> > plan to protest the
claim of AOL to "Instant Messenger" in
> your use
of the
> > phrase?
>
> Also if you send me a snail-mail address, I will send you a
> copy of the
> >
Arent Fox letter.
> >
> >
>
==============================================================
> ============
>
>
Paul Jones
>
>
"Gort! Klaatu barada nikto!"
> > http://www.ibiblio.org/pjones/ at the Site Formerly Known
As
> MetaLab.unc.edu
>
> pjones AT ibiblio.org voice: (919)
962-7600 fax: (919) 962-8071
> >
>
==============================================================
> =============
> >
> >
-------------------------------------------------------
> >
> > --
> > http://www.ibiblio.org/sinner/ Linux
User # 89976
> > Running on Mandrake Linux 9.0 -
Kernel 2.4.19smp Linux
> Machine #
38068
> >
>
>
> > ---
> >
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