Re: trademark law

[rick@yujean.com (Net Sales)]

Kent Crispin <kent@songbird.com> writes:

>2)
>> or a system with no use of any trademark  unless someone wishes to trademark
>> 123.456.789.000.
>
>Well, in my opinion, no.
>
>#2 is, in my opinion once again, simply unworkable -- first, there is
>no way of knowing for sure whether something is trademarked, and
>second, it's not clear to me that numbers couldn't be trademarked, or
>at least come close to it -- BSDI had a phone number that was
>something like "??4-UNIX", and were forced by AT&T to give it up.
>

under the old, monolithic ma bell, att did indeed own the phone numbers.
currently, your rboc may own them, i'm not certain.

if you have an 800/888, you own it, recent fcc rules.  that is what allows
portability to different carriers without getting a new number.  my guess
is you WILL own your local numbers soon, since number portability will be
needed to allow for alternative access providers.

as to trademarking a number, yes it can be done, but rarely is.  a
trademarked number, used by another in a deceptive manner, would be
addressable by a court.

history, tho, shows very few trademarked phone NUMBERS (800-FLOWERS is a
name; they don't promote the number, altho they own it).  using numbers for
addresses would be no more problematic (or any easier to remember) than
phone numbers.  it is non-discriminatory, confers very little status from
having a 'good' number, and business will adapt very easily.

rick cricow

  ------only two things that money can't buy;
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