tag:blogger.com,1999:blog-6617561217353117325.post3840733523923033999..comments2022-08-11T19:39:04.705+01:00Comments on LawClanger: Meddle Not in the Affairs of WizardsSimon Bradshawhttp://www.blogger.com/profile/14233721281522686341noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-6617561217353117325.post-64790050655353366762009-10-27T10:15:09.669+00:002009-10-27T10:15:09.669+00:00The idea that if you don't ruthlessly police e...The idea that if you don't ruthlessly police every use of you trade mark then you'll lose it is rather an old wive's tale of IP. Yes, you can lose a trade mark on grounds of acquiesence to infringing use, but it is rare and in practice requires prolonged indifference to substaintial unauthorised use. So I don't think Warner Bros could seriously claim that Ms L-M was putting their trade marks at risk.<br /><br />As to authorising small-scale use, well yes, that's what I'd do. But I'm not Warner Bros. One point that has occured to me is that there are plenty of Harry Potter conventions, so I've asked some friends who have been involved in such things whether these events seek or receive permission to use 'Harry Potter' and other marks.Simon Bradshawhttp://lawclanger.blogspot.com/noreply@blogger.comtag:blogger.com,1999:blog-6617561217353117325.post-71412267360708696912009-10-27T09:34:34.707+00:002009-10-27T09:34:34.707+00:00Dr Plotka's point is a good one -- IIRC Linden...Dr Plotka's point is a good one -- IIRC Linden Labs (the folks who do Second Life) did exactly what he suggested to one satire website that had knocked off large elements of their design/look-and-feel -- they sent the usual legal letter explicitly authorising the use of their material for satirical/humour purposes.<br /><br />Got them <i>lots</i> of goodwill from the fan community and elsewhere, without risking brand dilution or loss of business.Charlie Strosshttps://www.blogger.com/profile/03398809615976202716noreply@blogger.comtag:blogger.com,1999:blog-6617561217353117325.post-45289106768948463452009-10-27T09:29:04.524+00:002009-10-27T09:29:04.524+00:00Good point by Dr. Plokta. I'd be interested in...Good point by Dr. Plokta. I'd be interested in a comment from the Major!Johan Ahttps://www.blogger.com/profile/10908066751077487536noreply@blogger.comtag:blogger.com,1999:blog-6617561217353117325.post-10212109081771802472009-10-27T06:01:33.391+00:002009-10-27T06:01:33.391+00:00The point I often see made is that trademark holde...The point I often see made is that trademark holders can lose their trademarks if they turn a blind eye to unauthorised use of them. What I've never understood is why they can't simply send letters <i>authorising</i> such small-scale use of them, rather than cease-and-desist letters, which would presumably cover them just as well for preventing actual commercial infringement while generating less bad press.Dr Ploktahttps://www.blogger.com/profile/09875119296048013137noreply@blogger.com