3 ms·
This one is hard to call. Trademark owner should defend trademarks. Oatmeal studio has a legit case where it's not making up the charges or claiming damages - i
by irahul 14y ago
This one is hard to call. Trademark owner should defend trademarks. Oatmeal studio has a legit case where it's not making up the charges or claiming damages - it's simple, plain trademark infringement(per the article). On the other hand, oatmeal is a loaded term. Even if The Oatmeal did some searches before settling on the name, it's very likely he didn't know about the existence of Oatmeal studio.
- WalterGR 14y agoTrademark owner should defend trademarks. Trademark owners have to defend their trademarks, or risk losing them.
- irahul 14y ago> Trademark owners have to defend their trademarks, or risk losing them. Should have worded it better. That's what I meant. I don't know how relevant it is. Suppose Oatmeal Studios sue some fictional "Oatmeal Cards" and "Oatmeal Cards" argue that they didn't defend their trademark as they didn't go after The Oatmeal. Can't Oatmeal Studios claim they weren't aware about The Oatmeal's existence?
- analog 14y agoA quick google search for 'oatmeal greeting cards' brings up oatmeal studios for me. In fourth place behind theoatmeal.com There should also be a specific trademark search available, not sure what that would be in the US. Did Oatmeal studios contact Innman first before bring the suit?
- irahul 14y ago> A quick google search for 'oatmeal greeting cards' brings up oatmeal studios for me. In fourth place behind theoatmeal.com What I was saying was TheOatmeal started as random comic. He might have checked for existence of a similar entity at that time. Most likely, he assumed getting a domain name means no one with the same name exists. Merchandise was gradual expansion.