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[CQ-Contest] Re: PTT Trademark

Subject: [CQ-Contest] Re: PTT Trademark
From: sawyered@earthlink.net (sawyered@earthlink.net)
Date: Tue Jun 24 10:03:24 2003
Guys, before this thread gets out of hand in a hurry, there needs to be a quick 
primer on what a Trademark is and isn't.  I looked up this trademerk on one of 
the best government web sites on the planet (IMHO)  www.uspto.gov .  The PTT 
trademark which Nextel owns (dated Jan 2002) refers to the following goods and 
services: "Telecommunication services, namely, providing voice, data, pictures, 
music and video via wireless networks" and "Hardware and software for use in 
communications networks, namely, Internet protocol and telecommunications 
network transmitters, receivers, converters, and routers which allow the user 
to send voice, data, pictures, music and video over wireless networks."  Thats 
the extent of it guys.  You'll notice that it doesn't talk about the term PTT 
as a "finger or foot operated switch to start transmitting via a generic 
(non-networked) radio".  I guess the PTT used to acess a repeater could be 
argued was pre-existing use and a simple network use.

Their lawyers have carefully crafted language which goes to a unique use of a 
common term and they have gone for a "specific goods and services use" 
trademark, which they received.  Maybe it can be struck down because Hams were 
using PTTs to access repeaters for years, who knows.  But, in the meantime, use 
PTT in our well known context to your heart's content without fear.  Its either 
pre-existing, or a different use than trademarked.  Either way, sleep well.

73

Ed  N1UR
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