[theme-reviewers] Are these contradictory???

Otto otto at ottodestruct.com
Sun Oct 20 01:15:04 UTC 2013

On Sat, Oct 19, 2013 at 6:08 PM, Bryan Hadaway <bhadaway at gmail.com> wrote:
> @Otto
> "True, trademark law is different. You can trademark the name of
> something and then use that to prevent others using the name. In which
> case they'd need to rename the thing to something else before
> redistributing or reselling."
> That's exactly what I said. And you don't have to actually register a
> trademark for it to be trademarked, that's not how trademark law works. If
> you create something, name it and then establish it publicly, it's
> trademarked. Albeit, not as "secure" as a USPTO trademark when it comes to
> defending it, but the law does respect it if you can reasonably prove that
> you were using it first.

I am not a lawyer. However, unregistered trademarks in the US have
very poor backing in case law, and are usually very limited by
geography as pertains to common law. I think it would be ill advised
to consider them to be any form of protection without registration.

> Nothing I said was incorrect, it was good and correct advice. You said I was
> wrong and then went on to agree with exactly what I said in the first place,
> ironic considering the subject title. It seems like your default position is
> to assume I'm wrong, even when we agree on something.

I rarely pay any form of attention as to who I'm replying to. I only
read text, not "who". If you think I'm disagreeing with you a lot,
then that may be entirely correct, but you may rest assured in the
knowledge that I didn't care in the least respect that it was you
saying something, unless I called you out specifically and by name.


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