4 ms·
>So you are saying that you think that "Postman" declining to pursue legal action against "Postwoman" might lead to a court deciding that "Postman" is a generic
by jsgo 7y ago
>So you are saying that you think that "Postman" declining to pursue legal action against "Postwoman" might lead to a court deciding that "Postman" is a generic mark
Per this posting from a law firm [1], as your question is stated with the inclusion of "might" the answer is yes. Apparently it can go one of three ways: abandoning, not impacting/abandoning, or diminishing. Two of these results are bad for the trademark holder.
I'd assume a C&D letter would be sufficient to get a proper result or at least should be the first move in these matters, but I'm not a lawyer nor play one on TV or online.
[1] https://www.dbllawyers.com/can-lose-trademark-rights-dont-sue-infringers/ https://www.dbllawyers.com/can-lose-trademark-rights-dont-su...