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Re: On the uselessness of Debian trademarks.



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
matter.)

I don't know what the other differences between common-law trademark law and
registered trademark law are, but now I'm quite interested.

> Michael

-- 
There are none so blind as those who will not see.



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