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You can lose a trademark case if you have been too selective in who you complain about. Especially if you are seen to be ignoring small time infringers but only
by yuvouv 17y ago
You can lose a trademark case if you have been too selective in who you complain about. Especially if you are seen to be ignoring small time infringers but only going after those with big pockets, the case can be thrown out.
Lawyers tend to err on the side of sending C+D letters to anyone, such as the case of Sun and the island of Java tourist authority.
The apple/orchards bit was irony - it's in the dictionary.
The other problem is judges/juries and computers. The trademark has to be in the same field, but the courts aren't always as tech savvy as HN readers and frequently regard all 'computer stuff' as the same field.
So while we would see a CRM package and a forum website as completely different as a magnolia plant shop and a magnolia paint company - a judge might not.
- fatdog789 17y agoThat's the exact opposite of the way the law works: you CAN ignore small-time infringers, b/c you don't need to actively patrol for abuse -- enforcement actions only need be sought once an infringement is discovered. Courts don't have to be tech savvy for trademark law, which predates computers by some 8 or 9 decades. Most of the finer distinctions of trademark law arise not from the computer arena but from the retail arena. You seriously underestimate the level of specificity required to successfully bring a trademark infringement action.