Re:One kitchen, hundreds of internet restaurants
by lovich on Saturday August 27, 2022 @02:57AM
(#32616512)
What the court decides is different than “similar sounding names”.
My point was that similar sounding names are not automatically infringement because they need a court to decide that the similarity doesn’t matter. I explicitly pointed out two similar sounding restaurant names owned by the same entity because either they were assumed to be IP infringement until a court decided they were not, or courts didn’t get involved by default for similar sounding names.
The whole point was to make a reductio ab absurdum argument that similarity of names did not matter in terms of IP until courts were involved, so bringing it up as a reason that ghost kitchens couldn’t make similar names a silly argument to make sans lawsuits
My point was that similar sounding names are not automatically infringement because they need a court to decide that the similarity doesn’t matter. I explicitly pointed out two similar sounding restaurant names owned by the same entity because either they were assumed to be IP infringement until a court decided they were not, or courts didn’t get involved by default for similar sounding names.
The whole point was to make a reductio ab absurdum argument that similarity of names did not matter in terms of IP until courts were involved, so bringing it up as a reason that ghost kitchens couldn’t make similar names a silly argument to make sans lawsuits