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TSR (2) Confirms TSR (3)'s Acquisition of Trademark (Updated!)
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<blockquote data-quote="Abstruse" data-source="post: 8317415" data-attributes="member: 6669048"><p>Failure to defend a trademark is not the same as letting a registered trademark lapse. This is actually a very good example, actually. Wizards let the registration lapse even though they continued to use the trademark for reprints. That is not a lack of defense of the trademark in and of itself because they continued to use it and their rights are protected under common law.</p><p></p><p>When TSR Games (Elliot) registered the trademark in 2011 and began using it and Wizards/Hasbro did not respond to their use of the trademark, <em>that </em>is a failure to defend the trademark. Another company in the same industry began using it.</p><p></p><p>However, that would be a defense that TSR Games (Elliot) or TSR Games (LaNasa) could use if they are sued on trademark grounds by Wizards/Hasbro - that by not defending the trademark from 2011 onward, they lost the right to protection under trademark law. Or at least lost protection against TSR Games (Elliot) but they could argue they're defending the trademark against TSR Games (LaNasa). And both arguments are potentially valid, it depends on what arguments are made and what a judge decides. This is what I mean by intellectual property law is complicated - both are right and both are wrong depending on how the facts are presented.</p></blockquote><p></p>
[QUOTE="Abstruse, post: 8317415, member: 6669048"] Failure to defend a trademark is not the same as letting a registered trademark lapse. This is actually a very good example, actually. Wizards let the registration lapse even though they continued to use the trademark for reprints. That is not a lack of defense of the trademark in and of itself because they continued to use it and their rights are protected under common law. When TSR Games (Elliot) registered the trademark in 2011 and began using it and Wizards/Hasbro did not respond to their use of the trademark, [I]that [/I]is a failure to defend the trademark. Another company in the same industry began using it. However, that would be a defense that TSR Games (Elliot) or TSR Games (LaNasa) could use if they are sued on trademark grounds by Wizards/Hasbro - that by not defending the trademark from 2011 onward, they lost the right to protection under trademark law. Or at least lost protection against TSR Games (Elliot) but they could argue they're defending the trademark against TSR Games (LaNasa). And both arguments are potentially valid, it depends on what arguments are made and what a judge decides. This is what I mean by intellectual property law is complicated - both are right and both are wrong depending on how the facts are presented. [/QUOTE]
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TSR (2) Confirms TSR (3)'s Acquisition of Trademark (Updated!)
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