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Trademark law requires (at least in the USA, I can’t speak for other jurisdictions) you to actively defend your trademarks in order to keep them, or you risk lo
by techdragon 8y ago
Trademark law requires (at least in the USA, I can’t speak for other jurisdictions) you to actively defend your trademarks in order to keep them, or you risk losing them.
Trademark law also has the risk of your trademark becoming “generic”, bandaids vs band-aid brand adhesive plasters, this process which is completely out of control of a company and its lawyers, if everyone uses your trademark to refer to any product like yours, too bad, you can’t sue your consumers (you can and have to, sue your competition if they refer to their products with your trademark) to make them stop and the process will continue and your trademark eventually “dies”.
Trademarks are also not automatically valid internationally and also require you to specify what the trademark will be used for, which allows for potentially annoying overlapping uses of a simpler trademark for different products which can hinder later market expansion into other industry if you don’t expend effort registering a trademark for everything from movies to medical devices and machine lubricants. You have a lot of room to fight over these things these days thanks to the internet and global branding, but your not guaranteed to win just because of money, just ask Nissan for example.
Copyright on the other hand, while limited in duration, is implicit and automatically exists for any creative work or expression, is yours for free unless you sign it away to someone else or a corporation, with no need to litigate anything about it should you choose not to.
- furi 8y agoWhat the parent comment is referring to is the oft claimed reason for Disney lobbying for extensions to the duration of copyright law: that they do so every time the copyright on the original Mickey Mouse cartoons is about to expire to prevent them from entering the public domain. This explanation doesn't really hold up under scrutiny as the important part of Mickey Mouse is the trademark, which doesn't expire, not the original cartoons and I somehow doubt the requirement for active defense of trademarks includes lobbying for the continued protection of the source material it was derived from.