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Re:Getting a Cease and Desist from Waffle House by hinkley on Wednesday May 28, 2025 @03:08PM (#44119544)
You can use a trademark any time you want. How would brand recognition work if people couldn't talk about Mustangs and Corvettes?

What you can't do is claim it's yours. Or let people think it's yours.

Re:Getting a Cease and Desist from Waffle House by dragonwriter on Wednesday May 28, 2025 @04:13PM (#44120214)
> You can use a trademark any time you want.

No, you can't. If you could use it whenever yoh want, we wouldnt have the concept of “nominative fair use” as the exceptional case of when and how you are allowed to use someone else’s mark in commerce without permission.

Re:Getting a Cease and Desist from Waffle House by hinkley on Thursday May 29, 2025 @01:09PM (#44128046)
Mmm. “Anything” is maybe hyperbole.

You can’t represent yourself or product as a brand. But you can write a scathing review about them and use their name and nobody can stop you. That wouldn’t be a trademark situation, it would be defamation, not infringement.