Date: Fri, 09 Feb 2018 22:47:53 +1100 From: Michelle Sullivan <michelle@sorbs.net> To: =?UTF-8?Q?Le_Baron_d=e2=80=99Merde?= <lbdm@privacychain.ch> Cc: freebsd-ports@freebsd.org Subject: Re: FreeBSD Palemoon branding violation Message-ID: <d295c602-6123-14f3-8bb8-43812d89e85f@sorbs.net> In-Reply-To: <20180209011831.aqktmmvbb7zf5zvt@privacychain.ch> References: <20180206222137.GA78935@skeletor.feld.me> <A905406A-5097-489C-8C95-764870F11F3B@kreme.com> <20180207092827.GA81527@home.opsec.eu> <CANYZJQY=7Lk60khQRjR8H8jLcCaasut8R6f%2B9fgyhDvxD6=RdQ@mail.gmail.com> <fe353ecd-90ce-9f05-900a-2cdd054f5236@sorbs.net> <alpine.BSF.2.21.1802081035280.50080@aneurin.horsfall.org> <652bf20e-3d99-b522-a413-a9ab53a8b0c2@sorbs.net> <1B1944BD-C232-4841-9C6D-D0011B9C7069@kreme.com> <115bd5c3-7759-b086-804a-a0bcc0336857@sorbs.net> <20180209011831.aqktmmvbb7zf5zvt@privacychain.ch>
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Le Baron d’Merde wrote: > That also depends on the jurisdiction. Sweden, seems to be the case. Not really - its just harder or easier. > > Un-registered trademarks has almost no protection in my country (not sweden) for > instance. Correct. > It is possible to win a legal dispute for a un-registered trademark in some situations in here, if one can proof an > early actual commercial use of that trademark BUT that involve a very long legal > battle. Exactly. > > Based on US practice (IIRC) ™ for un-registred trademarks and ® for registred. I guess > the un-registred trademark must carry the ™ thing to be enforced, but I am not sure. Not sure about that, but if it's registered the due diligence has been done and is significantly more defensible that one that hasn't had its diligence... and of course there is nothing stopping someone registering a trademark after you assumed it to kick you off it... which is why they always recommend registering it. My advice to people and remember IANAL, if someone claims trademark and you are not also claiming the same trademark, just stop using it because it could get messy and expensive and its best just to avoid the hassle. Michelle > > Just 2c. > > > On Fri, Feb 09, 2018 at 11:52:16AM +1100, Michelle Sullivan wrote: >> LuKreme wrote: >>> On Feb 7, 2018, at 20:06, Michelle Sullivan <michelle@sorbs.net> wrote: >>>> Just saying telling people not to call the product the same as the trademark if there are any changes to the product is the way to protect the trademark. >>> But is there a trademark? It seems not from an earlier post. >>> >> Don't know - Trademarks don't always have to be registered to be a >> Trademark... a Registered Trademark can carry the symbol and has had all the >> due diligence done so its more 'protectable' but the lack of the >> registration doesn't make it 'not a trademark' just that it's not as >> defensible for violations. >> >> Michelle >> >> -- >> Michelle Sullivan >> http://www.mhix.org/ >> >> _______________________________________________ >> freebsd-ports@freebsd.org mailing list >> https://lists.freebsd.org/mailman/listinfo/freebsd-ports >> To unsubscribe, send any mail to "freebsd-ports-unsubscribe@freebsd.org" -- Michelle Sullivan http://www.mhix.org/
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