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Old 11-13-2009, 08:28 AM   #11
Honolulu_Blue
Hockey Boy
 
Join Date: Oct 2000
Location: Royal Oak, MI
Quote:
Originally Posted by Greyroofoo View Post
If they don't enforce it, then what's the point in having it?

I think you missed my point. There are many reasons to have a trademark besides enforcing it. There are also many reasons why a company may let some uses of a trademark slip by (like, here, for example where fumbbl's use of the Blood Bowl mark led to increased exposure and likely more sales and fumbbl wasn't making any money off the mark themselves).

The legal issue I was referring to is that let's say some other company or group (not fumbbl) started to use the trademark and Games Workshop went to enforce it and the company refused and Games Workshop took them to trial. I believe the offending company could make a strong legal argument that by not enforcing the mark (i.e., allowing fumbbl to use it so blatantly) that Games Workshop has, in essence, abandonded any claims to it and therefore it can be used by anyone.

I am not a trademark lawyer, but I think that argument can be made and while not iron-clad it certainly could complicate future enforcement actions by Games Workshop.
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Steve Yzerman: 1,755 points in 1,514 regular season games. 185 points in 196 postseason games. A First-Team All-Star, Conn Smythe Trophy winner, Selke Trophy winner, Masterton Trophy winner, member of the Hockey Hall of Fame, Olympic gold medallist, and a three-time Stanley Cup Champion. Longest serving captain of one team in the history of the NHL (19 seasons).
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