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View Diary: "EAT MORE KALE" vs. "EAT MOR CHIKIN." A Vermont small businessman is bullied by a behemoth (101 comments)

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  •  And if you're the first one to use it.... (1+ / 0-)
    Recommended by:
    sb

    ....and someone else comes along and copies you, you're the one that gets the protection under the law.  You're also the one that's legally obligated to defend that trademark or you lose said protection.

    •  But if they don't copy you (0+ / 0-)

      and their product doesn't compete with yours, then all you're doing is wasting money on lawyer's fees (of course the lawyers are the ones who advise them on the need to "defend" against noninfringing uses, so of course they benefit.)

      "All governments lie, but disaster lies in wait for countries whose officials smoke the same hashish they give out." --I.F. Stone

      by Alice in Florida on Fri Nov 25, 2011 at 11:35:13 AM PST

      [ Parent ]

    •  Actually, I believe that if you (0+ / 0-)

      are the first to use the trademark, but you aren't very successful and aren't noticed, and then someone else (unintentionally) does something similar and is very successful and people identify the trademark with his product, then he not you would have the superior claim, as I understand it (it's been quite a few years since I was involved in this...I did an internship with a federal judge back in the 1990s). It's not simple.

      But a trademark is not universal....just because you use a trademark doesn't mean you get to own the words in it for all purposes, especially if those words are common, generic words like "eat more..."

      In fact, something that closely resembles the trademark can be perfectly legit if it's parody....what that guy in Vermont should do is a T-shirt with a chicken holding a sign that says "Eat Mor Veggz"..

      "All governments lie, but disaster lies in wait for countries whose officials smoke the same hashish they give out." --I.F. Stone

      by Alice in Florida on Fri Nov 25, 2011 at 11:45:30 AM PST

      [ Parent ]

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