Apple takes legal action against small company with pear logo

Re:Apple takes legal action against small company with pear ... by ghastmaster on Sunday August 09, 2020 @07:10AM (#24098804)

This would stifle small companies even more. Think of the reverse scenario where the large company is infringing on patents/trademark. If you sue, you better win because you risk paying double attorney's fees. With judges and juries making poor decisions a very real possibility that's a scary proposition.

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Re:Apple takes legal action against small company with pear ... by frobozz on Sunday August 09, 2020 @03:18PM (#24102073)

A solution for that is for judges to award costs based on the merits of the case and ability of each party to to pay.

Tricky case where both sides have a legitimate reason to believe they are in the right - no costs awarded. Borderline barratry - full costs awarded.

One FAANG sues another - full costs awarded to the winner. Owner of a small corner shop wins against a FAANG - full costs. Other way round, no costs.

Also to set appropriate levels on what costs can be awarded (kinda like the German model). You want to spend 10M on suing a street market stallholder? Knock yourself out, costs awarded = 10k.

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Re:Apple takes legal action against small company with pear ... by cutemonster on Sunday August 09, 2020 @12:04PM (#24100509)

> If you sue, you better win because ...

I think it'd encourage companies to only sue, if the expected value from winning, was large in comparison to one's litigation costs times two.

Which seems ok to me

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