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PornHub owner MindGeek is threatening a kebab shop in NYC with trademark infringement
(www.theverge.com)
this post was submitted on 16 Aug 2023
237 points (96.1% liked)
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Trademark's a weird one, if you don't defend it you lose it. So it's kind of a lose-lose situation from the trademarkers position. They have to pursue or they lose their trademark which they value
Yeah but if you don't sue, a legitimate infringer in the future might use not enforcing on the trademark there to argue there own case. Trademark law really doesn't leave trademark holders in a good position. Though I imagine that a lawsuit when those laws were written weren't nearly as prohibitively expensive.
Pretty sure it would have to be determined in a court of law that an infringement occurred in the first place.
I mean, if they don't care about the actual usage, they could licence it for a buck or something
As a non-American, US intellectual property law feels absolutely ridiculous to me sometimes. It feels like it incentivizes all the wrong behaviours.
It's hard to balance but it prevents trademark squatters from existing like in the domain name space