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Since "Programming Praxis" is not a registered trademark then it would likely be a long and costly battle to legally force The Daily WTF to cease using it. (Com
by ajg1977 17y ago
Since "Programming Praxis" is not a registered trademark then it would likely be a long and costly battle to legally force The Daily WTF to cease using it. (Common Law trademarks do have rights, but it's not nearly as clear cut).
That said, if the emails are accurate I do think The Daily WTF is behaving incredibly poorly and they've just lost this reader.
- micks56 17y agoTrademark rights arise once the mark is used to identify goods in the stream of commerce. Registration gets you two things: 1. The scope of your mark applies beyond your geographical area. 2. Registration on principal register is constructive notice to the nation. It creates nationwide coverage and removes defenses of good faith and lack of knowledge. If "Programming Praxis" is not registered, then Daily WTF can asset good faith and lack of knowledge defenses. I don't think that the geographical limitation issue has much weight on the internet. Those would be the only differences. Registration also puts a nice, convenient stake in the ground of who was there first. I don't think that will be an issue here.
- cruise02 17y agoI think the prior agreement between The Daily WTF and Programming Praxis would make a lack of knowledge defense difficult.