3 ms·
It could be passing-off which is an unregistered right (in UK at least) as they were using that mark to pretend to be another product.
by pbhjpbhj 4y ago
It could be passing-off which is an unregistered right (in UK at least) as they were using that mark to pretend to be another product.
- eyelidlessness 4y agoI get that. I’m just questioning (with some admitted ignorance) whether that matters if the pretense predates the trademark registration. At least for related copyright and patent law, and at least in the US (which influences a lot of IP law), prior usage can carve out exemptions, limit or even invalidate the claimed IP. I just don’t know how much of this applies to trademark because, well, I never got curious about it until now. But I would assume it’s been reviewed by people far more qualified than myself, given the very litigious context around IE in the intervening period. My bet is it’s moot for trademark because it would’ve been unenforceable at the time of registration, or that it’s such low stakes that no one cared, or that it’s such high stakes that technical leadership fought to retain the status quo.