The application should include your "basis" for filing. Most U.S. applicants base their application on their current use of the mark in commerce, or their intent to use their mark in commerce in the future.
What is "use in commerce"?
For the purpose of obtaining federal registration, "commerce" means all commerce that the U.S. Congress may lawfully regulate; for example, interstate commerce or commerce between the U.S. and another country. "Use in commerce" must be a bona fide use of the mark in the ordinary course of trade, and not use simply made to reserve rights in the mark. Generally, acceptable use is as follows:
For goods: the mark must appear on the goods, the container for the goods, or displays associated with the goods, and the goods must be sold or transported in commerce.
For services: the mark must be used or displayed in the sale or advertising of the services, and the services must be rendered in commerce.
If you have already started using the mark in commerce, you may file based on that use. A "use" based application must include a sworn statement (usually in the form of a declaration) that the mark is in use in commerce, listing the date of first use of the mark anywhere and the date of first use of the mark in commerce. A properly worded declaration is included in the USPTO standard application form. The applicant or a person authorized to sign on behalf of the applicant must sign the statement. The application should include a specimen showing use of the mark in commerce.
What is "intent to use"?
If you have not yet used the mark, but plan to do so in the future, you may file based on a good faith or bona fide intention to use the mark in commerce. You do not have to use the mark before you file your application.
An "intent to use" application must include a sworn statement (usually in the form of a declaration) that you have a bona fide intention to use the mark in commerce. A properly worded declaration is included in the USPTO standard application form. The applicant or a person authorized to sign on behalf of the applicant must sign the statement.
Before you try to register such names you may want to consider the legal requirements. Here is an excerpt from http://www.uspto.gov/web/offices/tac/doc/basic/app content.htm#basis:
I have tried to read ebooks on my desktop, notebook, and Palm Vx. I have a hard time quantifying why I still strongly prefer a printed book. Perhaps part of it is that I find it far easier to flip back in a book to a passage that I want to reread. I also like having a small pile of books on my bed from which I can grab when I go to bed. It is one thing to look at a pile of books and grab one than to go through a directory of titles. However, all of these objections can be reasonably rebutted so perhaps I just have a preference for printed books because I am 46 and I am just too used to paper?
The common wisdom is that eBooks will have a hard time for two reasons: bad reader devices and book junkies opting only for the hard stuff, the dead-tree form factor.
There will come a day when there is a generation of folks who use ebooks and consider printed books cumbersome and an anachronism. I'm not part of that generation but I see it coming.
I do remember doing some research back in the early 80's with kids that had reading disabilities and we found that there was a difference in comprehension when reading from a monitor (more or less direct light) versus a printed page (reflected light). Direct light seemed to yield better comprehension. We controlled for a lot, but not all, contravening variables so I don't know if this is cogent to the ebook debate.
Ya know, before you adapt such a shrill tone and make wild assumptions, you might have asked those questions, first. However, I think it is more fun for you to behave like a self righteous shill for the cause-of-the-day. I don't buy their music. I do buy from local bands. My collection is stuck somewhere in the 80's. Oh, and you can go to hell.
It is shameful that the RIAA clearly attended only to the letter of the law. I believe that the ruling judge assumed that they wouldn't do something so despicable as to not only send exceptionally outdated/unpopular/fringe CD's but send them in ridiculous quantities.
Milwaukee Public Library received 1,235 copies of Whitney Houston's 1991 recording of "The Star-Spangled Banner," 188 copies of Michael Bolton's "Timeless," 375 of "Entertainment Weekly: The Greatest Hits 1971," and 104 copies of Will Smith's "Willennium," and nearly everything in between.
I hope that someone brings this to the attention of the judge(s) who could then provide a remedy that includes some sort of formula for how many CD's have to from the current or near-current top-whatever list. The RIAA should be ashamed of themselves. They had an opportunity to look good and to look generous but, instead, they took yet another dump on their customer base. For God's sake, will they ever learn and stop acting like spoiled children?
I had the same thought when I read that passage. The only thing that comes to mind is some form of secure communication that does not rely on or solely rely on encryption. And if that is the case, I wish the article had more detail because that would be very interesting.
Once they get the cost down for actually reading the the state of an electron this will be awesome. Imagine only needing 100 transistors to:
"With 100 transistors, each containing one of these electrons, you could have the implicit information storage that corresponds to all of the hard disks made in the world this year, multiplied by the number of years the universe has been around," Yablonovitch said. "And why stop with 100 transistors?"
SCO, never having a straight-forward and direct claim uses bluster and a childish version of "no it ain't!" to maker their claims. For example, SCO says that TISC...exceeded its rights... Regarding the GPL that TISC created that SCO doesn't like, SCO calls the GPL "quicksand" and claims it's invalid. I guess they figure it they declare it invalid, then it must be. It still smacks of cowardly playground bullying. There is more than enough sophomoric behavior to go around, though.
I am not sure what this ends up meaning, legally:
SCO also claims "substantial similarity" between the Read-Copy-Update (RCU) routine in Linux 2.6.5 and Linux patches and SCO's copyrighted work, specifically SVR4.2 MP.
Similarity can be a slippery slope and SCO will slide as far down as need be, I suppose. And how about something that "may" be an infringement:
It also says the journaled file system (JFS) module from later versions of AIX, which SCO believes may derive from the JFS Unix, is in Linux 2.6
The folks at SCO probably look like adults, they are adult-sized and wear nice clothes. However, they act like elementary school kids arguing over a ball on the playground. Whoever yells loud enough, pushes hard enough, and hold their breath the longest wins.
Cheers!
Erick
v6 could help solve some net problems
on
IPv6 is Here
·
· Score: 4, Interesting
Perhaps we will get to the point where static IP addresses are required. That might help track down spammers and other bad netizens. I'm sure they will find a way around it, but, still, an assigned IP for each user and each piece of hardware would be a good start. And, it would seem that there would be enough to 'round:
Cerf said about two-thirds of the 4.3 billion Internet addresses currently available were used up, adding that IPv6 could magnify capacity by some "25,000 trillion trillion times."
Of course, if v4 runs along side of v6 for 20 years that may mean that it would be harder to implement an IP-per-user scheme. I don't know. But, 20 years should be enough time to work out any bugs:
He said the IPv6 system would run parallel to IPv4 for about 20 years to ensure that any bugs or system errors were weeded out.
Apple has always been this way. They do not want to have a low end product for any category. They have gotten away with this for many years though at the cost of market share. They can get away with it for a bit longer because they have a big cash stockpile and the iPods are profitable for them. I suspect that at some point they will run out of luck or steam. It may take a while but they just don't have enough going for them to sustain this business model forever. They could "reinvent" themselves as a much smaller company then they are now and have a better chance but, then, who knows?
I am neither a supporter nor detractor of Apple. I worked for an Apple reseller from 1983 to 1998 and sold Apple for most of those years and it was enjoyable. Eventually they undercut the dealer channel and that probably contributed to market share decline as the dealer base switched to pushing Windows machines.
It will be interesting to see what Apple looks like in five years. They might innovate themselves into a good position or they might slip into the tech graveyard. Hard to tell.
If I were suddenly plopped down out in the middle of nowhere and my current choices ranged from no service to dialup, I would gladly pay the upfront fees and the monthly access for the sat service. It would probably feel like a Godsend after a few weeks of dialup.
I don't know a lot about Slackware but after reading the article, this still seem likes a stretch.
Cheers!
Erick
Open mouth, insert paranoid foot
on
Bobby Fischer Found
·
· Score: 4, Interesting
I was somewhat surprised to find this in the article:
In radio interviews, he praised the Sept. 11 terrorist attacks, saying America should be "wiped out," and described Jews as "thieving, lying bastards." His mother was Jewish.
Behavior like that wont't help his cause regarding his 1992 match that was in violation of UN sanctions.
This is sort of interesting as well. It hints at a greatly inflated sense of self-importance and a little paranoia.
He announced that he had abandoned chess in 1996 and launched a new version, "Fischerandom," a computerized shuffler that randomly distributes chess pieces on the back row of the chess board at the start of each game.
Fischer claimed it would bring the fun back into the game and rid it of cheats.
I will continue to teach my children how to be socially responsible as well as how to give people a chance to remedy a problem before publicly humiliating them. That's what adults do. I also understand that you have a differen point of view and while I don't agree with it, I certainly can allow room for it.
The police referred it back to school as an matter that should be handled "internally." I do agree with you though, they did not need to involve the police. While I think the students were very misguided and out to make a name for themselves, they did not need to involve the police. The students were not malicious, simply self-serving.
If they were really interested in the best interests of the school they should have avoided embarrassing the school's administration. They could have taken the information to the school and if the school ignored it they could have then published an article. They did call the school for comment but it was clear they were going to publish so that didn't afford the school a chance to remedy the problem. I think they were more interested in an article that would generate a lot of excitment and make them look good. I don't buy their arguments about doing all of this in the best interests of the school. I believe they had their own best interests at heart. I can't say I think much more of the administration in their handling of the matter either. There is a lot of ass-covering going on here and I don't see anybody handling this like adults except for the police who acted quickly and appropriately. Jeeze, what a mess.
Under the provision, Japanese makers would be unable to sue Microsoft even if the software giant's technologies are deemed to violate their patents.
It does seem a bit unfair to have to agree not to sue Microsoft even if they later violate your patent(s). That seems like a "cake and eat it to" proposition.
Manufacturers have voiced concern that Microsoft could conceivably gain access to proprietary information about their cutting-edge products, and would be able to distribute their technology to competitors using the Windows operating system.
I don't know if M$ would actually do this or not, but the disputed clause in the contracts essentially gives M$ a free ride to do so. If this is as it seems, I have to wonder at the arrogance involved in telling someone that they need to agree to let me violate their patents with impunity. Somehow I think these folks are genuinely confused when someone says, "That's against the law...." or "You really can't do that..."
But he said Microsoft would drop the clause from all contracts signed from August onward. He said this decision was made following internal discussions over the past year.
Perhaps M$ agrees? Sometimes even the 900lb gorilla can catch on.
That's a pretty interesting idea. That is the model that NetFlix uses and I assume whomever needs to be paid royalties or whatever for the tapes/DVDs is getting paid. So, why not do that for music? I wouldn't mind turning over 100 songs or so every few weeks. Well, anyway, it's food for thought.
The whole concept of how Mozilla has come to be, and released high quality products, from within a framework that is radically different from the companies that otherwise do this in pure for-profit model.
Mozilla is not secretive and embraces it's end-users in a fashion that is almost antithetical to contemporary software companies. Mozilla is an exceptionally responsive entity (esp. regarding security issues it would seem). There is more but I will leave it at that. Perhaps other slash dot folks could amplify this point more eloquently than I am able.
It is simply an observation of mine and I understand that I am out on a limb. If you disagree, I do understnd.
5.5 million downloads of Mozilla products in the last 30 days, including over 3 million downloads of Mozilla Firefox. That's close to 200,000 downloads a day over the last month.
This is really an amazing feat for what is essentially a volunteer group within an organization that acts as a non-profit entity. I don't know the exact status of Mozilla but I think this is descript of the actual effort. It would be remarkable for a large company, publicly funded, to do this well.
Slashdot Mirror
Cheers,
Erick
Cheers,
Erick
The application should include your "basis" for filing. Most U.S. applicants base their application on their current use of the mark in commerce, or their intent to use their mark in commerce in the future.
What is "use in commerce"?
For the purpose of obtaining federal registration, "commerce" means all commerce that the U.S. Congress may lawfully regulate; for example, interstate commerce or commerce between the U.S. and another country. "Use in commerce" must be a bona fide use of the mark in the ordinary course of trade, and not use simply made to reserve rights in the mark. Generally, acceptable use is as follows:
For goods: the mark must appear on the goods, the container for the goods, or displays associated with the goods, and the goods must be sold or transported in commerce.
For services: the mark must be used or displayed in the sale or advertising of the services, and the services must be rendered in commerce.
If you have already started using the mark in commerce, you may file based on that use. A "use" based application must include a sworn statement (usually in the form of a declaration) that the mark is in use in commerce, listing the date of first use of the mark anywhere and the date of first use of the mark in commerce. A properly worded declaration is included in the USPTO standard application form. The applicant or a person authorized to sign on behalf of the applicant must sign the statement. The application should include a specimen showing use of the mark in commerce.
What is "intent to use"?
If you have not yet used the mark, but plan to do so in the future, you may file based on a good faith or bona fide intention to use the mark in commerce. You do not have to use the mark before you file your application.
An "intent to use" application must include a sworn statement (usually in the form of a declaration) that you have a bona fide intention to use the mark in commerce. A properly worded declaration is included in the USPTO standard application form. The applicant or a person authorized to sign on behalf of the applicant must sign the statement.
http://www.uspto.gov/web/offices/tac/doc/basic/app content.htm#basis
Cheers!
Erick
The common wisdom is that eBooks will have a hard time for two reasons: bad reader devices and book junkies opting only for the hard stuff, the dead-tree form factor.
There will come a day when there is a generation of folks who use ebooks and consider printed books cumbersome and an anachronism. I'm not part of that generation but I see it coming.
I do remember doing some research back in the early 80's with kids that had reading disabilities and we found that there was a difference in comprehension when reading from a monitor (more or less direct light) versus a printed page (reflected light). Direct light seemed to yield better comprehension. We controlled for a lot, but not all, contravening variables so I don't know if this is cogent to the ebook debate.
Cheers!
Erick
Cheers!
Erick
Milwaukee Public Library received 1,235 copies of Whitney Houston's 1991 recording of "The Star-Spangled Banner," 188 copies of Michael Bolton's "Timeless," 375 of "Entertainment Weekly: The Greatest Hits 1971," and 104 copies of Will Smith's "Willennium," and nearly everything in between.
I hope that someone brings this to the attention of the judge(s) who could then provide a remedy that includes some sort of formula for how many CD's have to from the current or near-current top-whatever list. The RIAA should be ashamed of themselves. They had an opportunity to look good and to look generous but, instead, they took yet another dump on their customer base. For God's sake, will they ever learn and stop acting like spoiled children?
Cheers!
Erick
Cheers!
Erick
"With 100 transistors, each containing one of these electrons, you could have the implicit information storage that corresponds to all of the hard disks made in the world this year, multiplied by the number of years the universe has been around," Yablonovitch said. "And why stop with 100 transistors?"
That is pretty amazing.
Cheers!
Erick
I am not sure what this ends up meaning, legally:
SCO also claims "substantial similarity" between the Read-Copy-Update (RCU) routine in Linux 2.6.5 and Linux patches and SCO's copyrighted work, specifically SVR4.2 MP.
Similarity can be a slippery slope and SCO will slide as far down as need be, I suppose. And how about something that "may" be an infringement:
It also says the journaled file system (JFS) module from later versions of AIX, which SCO believes may derive from the JFS Unix, is in Linux 2.6
The folks at SCO probably look like adults, they are adult-sized and wear nice clothes. However, they act like elementary school kids arguing over a ball on the playground. Whoever yells loud enough, pushes hard enough, and hold their breath the longest wins.
Cheers!
Erick
Cerf said about two-thirds of the 4.3 billion Internet addresses currently available were used up, adding that IPv6 could magnify capacity by some "25,000 trillion trillion times."
Of course, if v4 runs along side of v6 for 20 years that may mean that it would be harder to implement an IP-per-user scheme. I don't know. But, 20 years should be enough time to work out any bugs:
He said the IPv6 system would run parallel to IPv4 for about 20 years to ensure that any bugs or system errors were weeded out.
Cheers!
Erick
That is probably about right, though you never know with Microsoft.
Cheers!
Erick
I am neither a supporter nor detractor of Apple. I worked for an Apple reseller from 1983 to 1998 and sold Apple for most of those years and it was enjoyable. Eventually they undercut the dealer channel and that probably contributed to market share decline as the dealer base switched to pushing Windows machines.
It will be interesting to see what Apple looks like in five years. They might innovate themselves into a good position or they might slip into the tech graveyard. Hard to tell.
Cheers!
Erick
Cheers!
Erick
Cheers!
Erick
Cheers!
Erick
In radio interviews, he praised the Sept. 11 terrorist attacks, saying America should be "wiped out," and described Jews as "thieving, lying bastards." His mother was Jewish.
Behavior like that wont't help his cause regarding his 1992 match that was in violation of UN sanctions.
This is sort of interesting as well. It hints at a greatly inflated sense of self-importance and a little paranoia.
He announced that he had abandoned chess in 1996 and launched a new version, "Fischerandom," a computerized shuffler that randomly distributes chess pieces on the back row of the chess board at the start of each game. Fischer claimed it would bring the fun back into the game and rid it of cheats.
Cheers!
Erick
Erick
Erick
Cheers!
Erick
Cheers!
Erick
It does seem a bit unfair to have to agree not to sue Microsoft even if they later violate your patent(s). That seems like a "cake and eat it to" proposition.
Manufacturers have voiced concern that Microsoft could conceivably gain access to proprietary information about their cutting-edge products, and would be able to distribute their technology to competitors using the Windows operating system.
I don't know if M$ would actually do this or not, but the disputed clause in the contracts essentially gives M$ a free ride to do so. If this is as it seems, I have to wonder at the arrogance involved in telling someone that they need to agree to let me violate their patents with impunity. Somehow I think these folks are genuinely confused when someone says, "That's against the law...." or "You really can't do that..."
But he said Microsoft would drop the clause from all contracts signed from August onward. He said this decision was made following internal discussions over the past year.
Perhaps M$ agrees? Sometimes even the 900lb gorilla can catch on.
Cheers!
Erick
Erick
Mozilla is not secretive and embraces it's end-users in a fashion that is almost antithetical to contemporary software companies. Mozilla is an exceptionally responsive entity (esp. regarding security issues it would seem). There is more but I will leave it at that. Perhaps other slash dot folks could amplify this point more eloquently than I am able.
It is simply an observation of mine and I understand that I am out on a limb. If you disagree, I do understnd.
Cheers!
Erick
This is really an amazing feat for what is essentially a volunteer group within an organization that acts as a non-profit entity. I don't know the exact status of Mozilla but I think this is descript of the actual effort. It would be remarkable for a large company, publicly funded, to do this well.
Happy Birthday!
Erick