4 ms·
Very interesting point. Could an argument be made that since Disney has never defended this, then they have no right to complain now? (At least trademark is su
by ta1234567890 6y ago
Very interesting point.
Could an argument be made that since Disney has never defended this, then they have no right to complain now? (At least trademark is supposed to work that way - you lose it if you don’t actively enforce it).
- BoysenberryPi 6y agoIANAL but the idea that you lose your trademark if you don't actively enforce it is not true except in rare edge cases. Whether or not this is an edge case is up to the courts.
- deleted 6y ago[deleted]
- chrismcb 6y agoWhat edge cases? Yes, you can most your trademark. It isnt so much as I'd you actively enforce it, but rather if you let the term fall into regular use.
- deleted 6y ago[deleted]
- sneak 6y agoCopyright does not work that way, unfortunately.
- yodon 6y agoTrademark != Copyright (the concern here was with Trademark)
- pacificmint 6y ago> trademark is supposed to work that way - you lose it if you don’t actively enforce it That’s an oft repeated myth, but it’s not quite true. From an article by the EFF: > The circumstances under which a company could actually lose a trademark—such as abandonment and genericide—are quite limited. Genericide […] is very rare […]. Courts also set a very high bar to show abandonment (usually years of total non-use). Importantly, failure to enforce a mark against every potential infringer does not show abandonment. [1] 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...