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IANAL, YANAL, etc. But I still want to ask: suppose regular people start using the phrase "the other white meat" in various discussions. I used to refer to t
by jamesbritt 16y ago
IANAL, YANAL, etc. But I still want to ask: suppose regular people start using the phrase "the other white meat" in various discussions. I used to refer to the Nitro Ruby Web framework as the other white meat in discussions that inevitably mentioned Rails. Suppose, as a reaction to this nonsense, it was used everywhere, all time, so as to dilute any special association with a particular product.
I realize in the land of the free you can get sued by near anyone over near anything, but how likely/risky is it that blatant use of this phrase in on-line discussions would lead to legal action or threats from pork lawyers (AKA swine swine :) )?
While this may not be the case that sparks a populist reaction, would encouraging people to wilfully apply some trademarked phrase as often as possible work as a protest?
Ironically, the idea of spamming the on-line world with misapplied trademark usage made me think of Hormel, who handled their trade-name issues like thoughtful people. The pork people may have blown a chance to make something positive out this for themselves. At the very least, thuggish behavior doesn't help. There are nicer ways to defend trademarks.
- stonemetal 16y agoThe standard is "likelihood of confusion." so if you call Nitro the other white meat then someone will have to be confused and think you are talking about a meat product. Also I believe you would have to be using the name in trade(sell a book titled Nitro the other white meat or some such) On the other hand it would not be likely to dilute their TM since generic-ness is usually in reference to a class of products. Nitro not being in the same class should not dilute the name for the meat industry. aka Apple music vs Apple computers.