Re: On the uselessness of Debian trademarks.
- To: email@example.com
- Subject: Re: On the uselessness of Debian trademarks.
- From: Nathanael Nerode <firstname.lastname@example.org>
- Date: Wed, 02 Jun 2004 23:33:29 -0400
- Message-id: <email@example.com>
- References: <20040507132036.GN11196@ns.snowman.net> <firstname.lastname@example.org> <email@example.com> <firstname.lastname@example.org>
Michael Poole wrote:
> A trademark does not have to be registered to get common law
> protection, but protections for an unregistered trademark are almost
> useless: You will not get costs and attorney's fees in a suit for
> common law trademark infringement, only in a suit for Lanham Act
> (registered) trademark infringement.
Well, you can still get an injunction to make them stop misusing your
trademark, which is all Debian would ever want, I believe.
Having to pay your own costs is obnoxious; but it's also the general rule in
the US for all lawsuits. (It really shouldn't be, but that's another
I don't know what the other differences between common-law trademark law and
registered trademark law are, but now I'm quite interested.
There are none so blind as those who will not see.