4 ms·

> Unfortunately they have to do this if they don’t want to lose the trademark. That's what the lawyers say, anyway. Thousands of companies manage to do busines

> Unfortunately they have to do this if they don’t want to lose the trademark. That's what the lawyers say, anyway. Thousands of companies manage to do business for decades without egregious trademark actions.

ummonk 7y ago
Consider this scenario: Company A has a trademark. Company B creates its own product (perhaps trademarked as well) which is somewhat similar to Company A's trademark but in a sufficiently different product space that a lawsuit by Company A would seem potentially frivolous. Company B then grows its business over several years, starts moving into adjacent product categories, and ends up with a product that now could get mixed up with Company A's. Company A sues Company B, but Company B argues that it has invested a lot into its own brand, and Company A should have been policing its brand years ago to make sure Company B doesn't end up investing in a brand that Company A would end up considering infringing down the road.
- polymatter 7y ago
  See for example https://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer https://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer
  - lost_access 7y ago
    A funny tangent is the story of wrong Guy's BBC interview on this very topic.
  - PhasmaFelis 7y ago
    In short, Apple Corps sued Apple Computer three times over obviously frivolous issues, extracted three settlements, and then when Apple actually did get into the business of selling music, sued them again...and lost. I'm not convinced that their behavior was either justified or effective.
- PhasmaFelis 7y ago
  Is there any record of this happening over something as frivolous as a trademarked color? I hear a lot that bad things could happen if companies don't bully people over trademarks, but I also see lots of companies being good neighbors and doing fine regardless. Are all of these companies both cursed with incompetent lawyers and blessed with uncanny luck?

ummonk 7y ago

Consider this scenario: Company A has a trademark. Company B creates its own product (perhaps trademarked as well) which is somewhat similar to Company A's trademark but in a sufficiently different product space that a lawsuit by Company A would seem potentially frivolous. Company B then grows its business over several years, starts moving into adjacent product categories, and ends up with a product that now could get mixed up with Company A's. Company A sues Company B, but Company B argues that it has invested a lot into its own brand, and Company A should have been policing its brand years ago to make sure Company B doesn't end up investing in a brand that Company A would end up considering infringing down the road.

polymatter 7y ago
See for example https://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer https://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer
- lost_access 7y ago
  A funny tangent is the story of wrong Guy's BBC interview on this very topic.
- PhasmaFelis 7y ago
  In short, Apple Corps sued Apple Computer three times over obviously frivolous issues, extracted three settlements, and then when Apple actually did get into the business of selling music, sued them again...and lost. I'm not convinced that their behavior was either justified or effective.
PhasmaFelis 7y ago
Is there any record of this happening over something as frivolous as a trademarked color? I hear a lot that bad things could happen if companies don't bully people over trademarks, but I also see lots of companies being good neighbors and doing fine regardless. Are all of these companies both cursed with incompetent lawyers and blessed with uncanny luck?