4 ms·
> Either way, it's shameful that Fab can sue for look/feel. Uh, really? You're talking about trademark and trade dress. Why, on this green Earth, should you no
by endersshadow 14y ago
> Either way, it's shameful that Fab can sue for look/feel.
Uh, really? You're talking about trademark and trade dress. Why, on this green Earth, should you not be able to protect your marks or dress?
Also, this article points to Braniff, Trans-Texas, and Continental suing Southwest as a historical corollary: It's not. Southwest was sued because it was operating outside of federal regulations (which it claimed it could avoid because it only operated in Texas) [1]. Fab is suing based on marks and dress--something wildly different from Southwest's suit.
Additionally, trademark law nearly requires you to vigilantly protect your marks. In that way, it protects against selective suits and bullying where beneficial.
[1]: https://en.wikipedia.org/wiki/Southwest_airlines#Foundation_.281966-1971.29 https://en.wikipedia.org/wiki/Southwest_airlines#Foundation_...