Subject: [NEXTEL-1] Nextel Owns "Push To Talk"

From: [email-masked]
Date: Fri, 20 Jun 2003 06:41:28 -0400

------- Original Message --------
From: Jack Daniel <[email-masked]>
Subject: Nextel Owns "Push To Talk" 

Nextel may not have kidnapped "PTT" yet, but it looks like they already
have "Push To Talk" trademarked.

I guess everyone needs to stop using Nextel's trademark "Push-to-talk"
immediately.

Perhaps they'll get 'God bless America' trademarke next?

The first "old" book I grabbed was a COPYRIGHTED 1980 ARRL handbook and
in 5 minutes found this term used on page 22-2. I'll bet thousands of
prior usage by two-way radio or microphone manufactuera exusts plus
millions of use of the term in other texts for at least 50 years. 

I thought you couldn't trademark a commonly used term, like 'apple pie'
except if you 'styled' it in a way that was unque to your product or
service, but I'm not a lawyer. (And lawyers wonder why somany people
dislike them. ha!)

-----------------------------

" Nextel is preparing to defend its product. The company trademarked the
phrase ``push to talk,'' preventing rivals such as Verizon Wireless from
using it to describe their new phones. Nextel was granted ownership of
the phrase in April after a 15- month review, according to the United
States Patent and Trademark Office. Nextel also filed for a trademark on
the acronym PTT.
 
Nextel is now contacting companies to inform them of the push-to-talk
trademark, said spokeswoman Audrey Schaefer. That may pose a marketing
hurdle for competitors such as Verizon Wireless, which have publicly
used the phrase. Verizon Wireless Chief Executive Officer Dennis Strigl
in February said the company planned a ``push-to-talk product well
before the end of the year."
-------------------------------

So everyone won't have to go searching, here's the US Patent and
Trademark file info:
----------------------------

Word Mark: PUSH TO TALK

Goods and Services:
IC 038. US 100 101 104. G & S: Telecommunication services, namely,
providing voice, data,
pictures, music and video via wireless networks. 
FIRST USE: 20030418. 
FIRST USE IN COMMERCE: 20030418

IC 009. US 021 023 026 036 038. G & S: 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. 
FIRST USE: 20030418. 
FIRST USE IN COMMERCE: 20030418

Mark Drawing Code: (1) TYPED DRAWING

Serial Number: 78103382

Filing Date: January 17, 2002
Filed ITU
FILED AS ITU Supplemental Register Date: April 22, 2003
 
Owner (APPLICANT) Nextel Communications Inc. CORPORATION DELAWARE 
2001 Edmund Halley Drive Reston VIRGINIA 20191
Type of Mark: TRADEMARK. SERVICE MARK
------------------------

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From: [email-masked]
Date: Fri, 20 Jun 2003 06:44:33 -0400

-------- Original Message --------
From: "Mark" <[email-masked]>
Subject: Nextel Owns "Push To Talk" 

I remember seeing the term Push To Talk in the Motorola Museum in 
Schaumberg, Ill.  It was an ad for the oigional "handie-talkie" ad 
that Morotola was using to sell to public safety way back at the 
origional inception of portable radios.  As I don't remember the 
date, would it be safe to say that this was possibly in the 1930's or 
40's?

---

From: [email-masked]
Date: Fri, 20 Jun 2003 13:27:08 -0400

-------- Original Message --------
From: Jack Daniel <[email-masked]>
Subject: Re: Nextel Owns "Push To Talk" 

Nah, Nextel would NEVER want anything that says they not #1... unless
they can change the value  of 'three' to their benefit .

The way Nextel 'gets business done' would be to;
(1) Pay off a bunch of morally weak politicians, 
(2) Tell everyone they might give $500 million to educational
associations -IF- the do exactly what Nextel wants,
(3) Hold a bunch of phony 'seminars' with high profile presenters they
own,
(4) Demonize and defame anyone using #1.
(5) Petition the government to swap number three and one in numerical
order.
(6) While no one is paying attention, use a hoard of lawyers (not
including Alan T.) to ram through a trademark on number 3.
(7) Apply for - and get! - Homeland security funds to pay for the
'retuning' of the United States numerical system.
(8) Make everyone using the number 3 either pays a royalty or ceases
using it, including NASCAR drivers, living or dead.

And of course this would all be 'legal'.
======================================================

Todd Ellis wrote:
> 
> I actually liked Jack's thought about Nextel trade marking the term
> 'God Bless America'.
> 
> 
> 
> Now that they are into NASCAR, I wonder if they will start meddling
> with "#3" and The King (Richard Petty, for all of you non-North
> Carolinians).
> 
> 
> 
> Todd Ellis
>

---

From: Marcel <[email-masked]>
Date: Sat, 21 Jun 2003 17:11:18 -0400

------- Original Message --------
From: Jack Daniel <[email-masked]>
Subject: Re: Nextel Owns "Push To Talk"

Like Cathy Sutter says, you'd think the manufacturers would be doing
something to counter this. But we have to keep in mind radio
manufacturers are mostly ran by business managers that have no ties to
radio history or details.

Other carriers and SMR operators should be concernes also.

I initially included publishers and associations, but that would be
biting the hand that feeds a lot of them.

IANAL, but I undersand anyone can file a protest of a PRIMARY
registration within 30 days. 

Does anyone know if a similar procedure apply to SECONDARY
registrations? 

Is there such a thing as a 'class action' type joint protest in such
circumstances? 

I suppose both these questions may be useless if the registrations were
granted over 30 days ago.

Maybe we need a no cost to belong 'committee' (like the lobbys use) that
concerned people ad businesses can all join and provide support for such
purposes. 

But I may be wrong........
Jack Daniel
=========================================

[email-masked] wrote:
> 
> In a message dated 6/20/2003 8:18:23 PM Eastern Standard Time,
> [email-masked] writes:
> 
>      It's unlikely that a trademarked name(s) for an item could
>      be defended after being openly used (and used without
>      objection) for about the last 60 years by the entire radio
>      comm industry.
> 
> 
> Again, refer back to my earlier discussion of what being on the
> Supplemental Register means (basically nothing....)
> 
> Alan T.

---

From: Marcel <[email-masked]>
Date: Sat, 21 Jun 2003 17:13:25 -0400

------- Original Message --------
   From: [email-masked]
Subject:  Re: Nextel Owns "Push To Talk"

> Does anyone know if a similar procedure apply to SECONDARY

As I mentioned previous, one can file a request to cancel a secondary
registration at any time.  But again, a secondary registration will not
stop prior users from using it as a mark, nor would it stop anyone for
using it to describe what they're doing (as its a descriptive term).
Thus, I really think that you (and Nextel for that matter) as making
much ado about nothing.

Having said that, I'd be happy to take on that representation for
requesting to cancel the mark!  Heck, if someone really wants to throw
money around, why should I say no?  :)

Alan T.