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  • Nov 30th, 2016 @ 12:46pm

    Is Thru so bad?

    So - not to rush to Thru's defense - but this is not a great victory.

    When they found out Dropbox was infringing (let's assume they really used the trademark, it was useful, etc), then they should have immediately sent a cease and desist.

    If they send that, then Dropbox can file a lawsuit for declaratory judgment in the venue of their choosing. So - for even enforcing your trademark, deep pockets win over legitimate claims (sometimes).

    If Thru could not afford a lawsuit (or substitute your own struggling company name here), then they can't risk a cease and desist.

    So what would you do? Maybe wait for a more advantageous time to file a cease and desist.

    At any rate - I don't consider this clear-cut malfeasance on the part of Thru, rather, it's part of the basic playbook of IP laws that support moneyed interests, and virtually no-one else.