4 ms·
Anyone can take pictures of the sky, of course. The trademark only applies when it is part of a brand identifier, but there is some room for subjectivity there.
by gweinberg 4y ago
Anyone can take pictures of the sky, of course.
The trademark only applies when it is part of a brand identifier, but there is some room for subjectivity there. For example, Sanka argues that you should only be able to make the spout of a decaf coffee container in a restaurant Sanka orange, because the only reason to make it Sanka orange is to give your customers the impression that it is indeed Sanka. The counter-argument is that orange just means decaf to the customer.
- xmprt 4y ago> The counter-argument is that orange just means decaf to the customer That might be a case of a trademark being genericized. Or the trademark should not have even been granted in the first place if orange meant decaf before Sanka started using it.
- gweinberg 4y agoIt didn't, though. Orange meant decaf because decaf (usually) meant Sanka. BTW, trademarks aren't "granted". You can register a trademark, but you don't have to. Registering can help in a trademark dispute, but you can win without registering it, and you can lose even if you did register it.