5 ms·
A trademark is more precarious than a patent. If you don't defend the trademark in a timely manner, the infringer can make a laches defense. Unchecked infring
by rpenm 9y ago
A trademark is more precarious than a patent. If you don't defend the trademark in a timely manner, the infringer can make a laches defense. Unchecked infringement - however minor - can also cumulatively damage the distinctiveness of the trademark, making it more difficult to defend against future infringement.
- syshum 9y agoThe "Trademarks must be defended" and the "yell fire" concepts are the 2 most over stated and misunderstood legal topics on the planet. https://www.eff.org/deeplinks/2013/11/trademark-law-does-not-require-companies-tirelessly-censor-internet https://www.eff.org/deeplinks/2013/11/trademark-law-does-not... >>Quite simply, the view that a trademark holder must trawl the internet and respond to every unauthorized use (or even every infringing use) is a myth. It’s great for lawyers, but irritating and expensive for everyone else. And when done clumsily or maliciously, it chills free expression.