[asterisk-biz] Click-to-call lawsuit - Voip Inc.

[C. Savinovich]

  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: asterisk-biz-bounces at lists.digium.com
[mailto:asterisk-biz-bounces at lists.digium.com] 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: asterisk-biz-bounces at lists.digium.com
[mailto:asterisk-biz-bounces at lists.digium.com] 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!


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