Re:Pirate Joe’s, Maverick Distributor of Trader Joe’s Produc...
by anigbrowl on Thursday June 15, 2017 @03:09PM
(#14563455)
Yes, but failure to defend a trade mark can result in the loss of legal rights thereto, even when it's obvious that the infringement doesn't matter.
Suppose they had shrugged this off and done nothing. Then a year later I, a rival grocer, open 'Trader Moe's' and open up 50 stores using a very similar business model to Trader Joe's. TJ sues, and my defense is that 'Pirate Joe's infringed on their mark and they did nothing, so I assumed they had abandoned their rights.
Unlike copyright and patents, trademark durations are infinite, but the price for this is that the owner must aggressively defend any possible infringement or risk a competitor claiming abandonment.
If you were the Chief Marketing Officer of Trader Joe's and I was the CEO, I'd fire you for not knowing this.
Suppose they had shrugged this off and done nothing. Then a year later I, a rival grocer, open 'Trader Moe's' and open up 50 stores using a very similar business model to Trader Joe's. TJ sues, and my defense is that 'Pirate Joe's infringed on their mark and they did nothing, so I assumed they had abandoned their rights.
This is an affirmative defense in trademark law, by statute, specifically 15 U.S.C. § 1127 A good summary is at http://www3.ce9.uscourts.gov/jury-instructions/node/248
Unlike copyright and patents, trademark durations are infinite, but the price for this is that the owner must aggressively defend any possible infringement or risk a competitor claiming abandonment.
If you were the Chief Marketing Officer of Trader Joe's and I was the CEO, I'd fire you for not knowing this.