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.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Reader Comments

Subscribe: RSS

View by: Time | Thread

  1. identicon
    Anonymous Coward, 18 Jan 2007 @ 4:08pm


Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here

Subscribe to the Techdirt Daily newsletter

Comment Options:

  • Use markdown. Use plain text.
  • Make this the First Word or Last Word. No thanks. (get credits or sign in to see balance)    
  • Remember name/email/url (set a cookie)

Follow Techdirt
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

The latest chatter on the Techdirt Insider Discord channel...

Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it

Email This

This feature is only available to registered users. Register or sign in to use it.