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They have the responsibility to defend their trademark, otherwise it could be abused by a rival claiming they did not adequately defend it. That said, NPM could
by tantalor 11y ago
They have the responsibility to defend their trademark, otherwise it could be abused by a rival claiming they did not adequately defend it. That said, NPM could have just said, "No, stop bothering us" and the lawyers might have backed down, satisfied their attempt to defend the trademark fulfilled their duty.
- iancarroll 11y agoYou do not have to defend your trademark against people who are not infringing it. You can only infringe a trademark when you use the mark in the same context it's registered in. IANAL.
- dublinben 11y ago>They have the responsibility to defend their trademark This is not limited to only issuing cease and desists. Kik Interactive can offer a zero cost license for the trademark if they want to assert their ownership, but let the project continue to use their name.
- jessaustin 11y agoSome lawyers do not favor low-conflict resolutions, and would not recommend such to their clients.
- bsder 11y ago> They have the responsibility to defend their trademark, otherwise it could be abused by a rival claiming they did not adequately defend it. Agreed, but you can do this without pissing off everybody in the universe. http://www.businessinsider.com/jack-daniels-wrote-what-has-to-be-the-nicest-cease-and-desist-order-of-all-time-2012-7 http://www.businessinsider.com/jack-daniels-wrote-what-has-t... Before, I had no idea who kik was. Now, I know them as a bunch of jerks. Big fail for a "social media" company.
- antihero 11y agoYeah but literally nobody is going to care about this outside the programmer community, and we're not their target audience.
- tobltobs 11y ago"Are you a developer? Kik has open-sourced tools and libraries to help you create great web experiences ..." This is on their homepage. They want developer to use their Pedo enabler API.
- jsprogrammer 11y agoThey weren't defending their trademark. They overstepped their declared industry and maliciously had another's software altered with no valid reason. NPM should have already had policies in place to prevent this kind of tampering with its repository.
- pbreit 11y agoI hear this all the time but have never seen an actual example? Are there any? (Where defense was existent but perhaps incomplete, not nonexistent)