Re: Ongoing Firefox (and Thunderbird) Trademark problems
Shachar writes:
> No, it's quite worse. By ignoring the issue, we are forcing MoFo to
> either sue us or lose the trademark.
They are not forced to sue. They need (at most) only send us a
cease-and-desist letter. They could also decide that our use is
non-infringing and ignore it.
> Just like we can no longer claim we didn't know these things were
> trademarked, they will not be able to claim they didn't know Debian was
> using their trademarks without an agreement.
They did not tell us to stop using the mark immediately upon learning that
we were using it. That's implicit approval of our use. They have to tell
us to stop using the mark before they can claim we are infringing it. If
we obey a cease-and-desist they will have no grounds for a lawsuit.
> This means that if they don't do something legal to us now, they will
> never be able to do anything regarding their trademark to anyone else
> ever.
You assume that our usage is infringing. I don't think that is
established.
--
John Hasler
Reply to: