Lawyers Starting To Understand The Pointlessness Of Over Aggressive Trademark Enforcement
from the let-it-go... dept
For years, lawyers have been overreacting to the "threat" of online trademarks. While trademark law does require that you police the trademark, or risk losing it, that doesn't mean you need to go after every use of the market. Trademark, unlike copyrights and patents, don't give you as much control -- and are merely designed as a method of consumer protection against confusion of the authenticity of a product. However, it's become quite common for lawyers to go after anyone and everyone who use their trademark, even if it's not in any way confusing of damaging. Where it gets particularly bad is where the lawyers step in and start shutting down fan sites who were only helping to promote the brand. However, the good news is that a few lawyers may finally be coming to terms with all of this. Whether by simply being worn down by the sheer volume of use of the mark, or simply by finally realizing that much of the use helps promote the brand, some lawyers are recognizing that going after every use of a trademark on the web just doesn't make sense. In fact, some of the lawyers even seem to be grasping the Streisand Effect -- that trying to take something offline is likely to get it even more attention. Now if we could only get more lawyers to recognize a moron in a hurry, we might be getting somewhere.
7 Comments | Leave a Comment..
- Schrödinger's Download: Whether Or Not An iTunes Music Sale Is A 'Sale' Depends On Who's Suing
- We Don't Have A 'Wild West' Internet Now, But We Will If SOPA Or Similar Is Passed
- One Nation, Under Guard
- Supreme Court Denies Appeal For The Pirate Bay Founders
- White House Says It Can't Comment On Possible Chris Dodd Investigation





Reader Comments (rss)
(Flattened / Threaded)
RedHat enforces it, it's all they have to distingu
[ reply to this | link to this | view in thread ]
[ reply to this | link to this | view in thread ]
Re:
[ reply to this | link to this | view in thread ]
Re:
However, you appear to be a particularly rare breed of idiot. Not only is your "first" post not the first, but you managed to miss it by almost thirty minutes!
[ reply to this | link to this | view in thread ]
(4:08 - 3:29) is about 39 minutes.
That's almost 40 minutes!
[ reply to this | link to this | view in thread ]
[ reply to this | link to this | view in thread ]
[ reply to this | link to this | view in thread ]
Add Your Comment