[asterisk-biz] Bunch of asterisk-related domains for sale

[Justin Newman]

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 at mattruby.com>
To: Justin Newman <jnewman at newmantelecom.com>
Cc: Asterisk -Biz <asterisk-biz at lists.digium.com>
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.


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