4 ms·
You don't have to register trademarks, even though it's a good idea to do so, if only for the sake of clarity. Trademarks can be established through market use
by talideon 10y ago
You don't have to register trademarks, even though it's a good idea to do so, if only for the sake of clarity. Trademarks can be established through market use (common law usage), which is what Let's Encrypt's claim is based on.
Let's Encrypt will likely defend their claim, if it comes to it, through the tort of passing off: https://en.wikipedia.org/wiki/Passing_off https://en.wikipedia.org/wiki/Passing_off
Edit: I can English good.
- DannyBee 10y agoSo, ..., you are right they can be established, but the interplay with registered trademarks is complicated. Here's a reasonable article on it: http://www.fr.com/news/prior-user-vs-federal-registrant-whose-mark-is-it-anyway1/ http://www.fr.com/news/prior-user-vs-federal-registrant-whos...
- talideon 10y agoI know. That was why I wrote "even though it's a good idea to do so, if only for the sake of clarity". Registration makes trademark ownership clear. It's not essential, but a really good idea.