Home Forums Other discussions great article here on a trademark battle

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  • #999818
    arrowwise
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    • Total posts: 641

    https://www.theage.com.au/business/small-business/why-paul-spent-two-years-fighting-rea-group-over-four-words-20191015-p530vc.html

    It would seem all the protections you put in place simply puts you in a stronger position for when it comes to fighting for your rights.

    #1221507
    bb1
    Participant
    • Total posts: 4,472
    arrowwise, post: 267523, member: 54026 wrote:
    It would seem all the protections you put in place simply puts you in a stronger position for when it comes to fighting for your rights.

    But unfortunately only if you have squillions of dollars to protect your rights, your average FSér wouldn’t have a hope in …..

    #1221508
    JacquiPryor
    Member
    • Total posts: 2,344

    Of course, every case will be different. The one in this article is interesting to me from an academic perspective for various reasons – but yes, you’re right – most don’t have the $$ needed to enforce the rights they get when needed via court proceedings. What’s important to be mindful of though is that the first right that a registered trade mark gives the owner is the right to use that trade mark – meaning, once registered another (bigger) trade mark owner can’t sue you for trade mark infringement so it’s good value in that sense. A lot of disputes are resolved before formal opposition proceedings (which, don’t always cost the 50K this business owner suggested spending either) and before any court action. Unfortunately, there are cases where the bigger company, with deeper pockets, is perhaps prepared to ‘fight to the end’ win or lose simply because they can afford to do so.

    I 100% agree with the comments in the article that a less costly option to take infringement action or similar would be ideal, as it can be a huge expense to go to court over such a dispute.

    #1221509
    Quennel Powell
    Member
    • Total posts: 5

    Of course, every case will be different. The one in this article is interesting to me from an academic perspective for various reasons – but yes, you’re right – most don’t have the $$ needed to enforce the rights they get when needed via court proceedings. What’s important to be mindful of though is that the first right that a registered trade mark gives the owner is the right to use that trade mark – meaning, once registered another (bigger) trade mark owner can’t sue you for trade mark infringement so it’s good value in that sense. A lot of disputes are resolved before formal opposition proceedings (which, don’t always cost the 50K this business owner suggested spending either) and before any court action. Unfortunately, there are cases where the bigger company, with deeper pockets, is perhaps prepared to ‘fight to the end’ win or lose simply because they can afford to do so.

    I 100% agree with the comments in the article that a less costly option to take infringement action or similar would be ideal, as it can be a huge expense to go to court over such a dispute.
    After reading the article and starting to write a study related to this issue, there may be a need for proofreading. You can contact a company https://edubirdie.com/proofreading-services that employs professionals who correct the text as well as possible.

    Thank you so much for sharing. It’s very helpful to me.

    #1221510
    donald13rr
    Member
    • Total posts: 2

    Nice, thanks for sharing.

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