Re:Photographer Sues Kat Von D over Miles Davis Tattoo
by pacificmint on Wednesday February 17, 2021 @07:00AM
(#26165429)
> trademark is supposed to work that way - you lose it if you don’t actively enforce it
That’s an oft repeated myth, but it’s not quite true.
From an article by the EFF:
> The circumstances under which a company could actually lose a trademark—such as abandonment and genericide—are quite limited. Genericide […] is very rare […]. Courts also set a very high bar to show abandonment (usually years of total non-use). Importantly, failure to enforce a mark against every potential infringer does not show abandonment.
That’s an oft repeated myth, but it’s not quite true.
From an article by the EFF:
> The circumstances under which a company could actually lose a trademark—such as abandonment and genericide—are quite limited. Genericide […] is very rare […]. Courts also set a very high bar to show abandonment (usually years of total non-use). Importantly, failure to enforce a mark against every potential infringer does not show abandonment.
[1] https://www.eff.org/deeplinks/2013/11/trademark-law-does-not...