Re:WhosHere's response to Brian Hamachek/Who's Near Me
by rprasad on Saturday June 02, 2012 @12:53AM
(#4057089)
That's not how it works. The second company would pay Kleenex for a license to use the trademark. This does not dilute the trademark, in fact, it actually strengthens it. The third company, which does not take out a license, would be subject to trademark lawsuits by Kleenex.
Hope that helps.
But fine, let's leave the legal questions aside since neither of us is an expert.
I don't concur with your assessment of the ethicalities of the situation. Who's Here was up first and Hamachek knew about it. He could have picked a clearly different name, but did not.