anthony

I'm not saying there is, the point was to say you should always be ready to defend yourself in any way you can if someone comes after you. In the US, a delay of more than 3 years to police and/or enforce a trademark can be classed as trademark abandonment.


Not really, I have complete visit stats for every site I've ever run going back to 1999, it would be the norm in that case, not the exception!

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namealot

[quote=anthony;312916]I'm not saying there is, the point was to say you should always be ready to defend yourself in any way you can if someone comes after you. In the US, a delay of more than 3 years to police and/or enforce a trademark can be classed as trademark abandonment.
QUOTE]

Abandoment is non use for a variable defind period in commerece, Be carful there because They don’t have to pursue an action against every infringement if they believe it minor inconsequential and you have to prove if its not minor etc they dont.. which can open you up serious trouble should you lose. This is to prevent owners from continually being tied up in litigation for fear of abandonment, cancellation etc …

jasman

I don't think the server logs issue would hold any water in a TM infringement case. Any company big enough to require an IP block and have its name listed in the IP register would have a number of employees, most of whom would not be in charge of looking for TM infrigements.

So, if in the course of one employee's working day he happened to visit a particular site, amongst thousands of other sites he and his colleagues might visit that year, I don't one could argue legally that the company as a whole became at that point aware of the site and made a proper consideration of whether the site infringed its TMs, and ultimately took the decision to not make a complaint and enforce its TMs. I can't see that standing up in a court, it seems too far fetched.

anthony

That's like asking a defendant to prove they committed a bank robbery rather than nicking the desk pen.

In any event, I'd simply state that my alleged abusive use of their trademark is no different to the time when the trademark owner first became aware of my use x years ago. His lack of pursuance at that time in full knowledge of my use should be deemed as a consideration by him that it was 'minor inconsquential', and the subsequent identical use was with his full knowledge, and therefore consented to.

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namealot

mad yes but that is the case
A visit from a company ip does it prove they have knowledge...?

Could easily be independent contractors i.e. office cleaners, maintenance man, sandwich person, decorators, office open, a hacker, viral program, owners of the offices, person visiting from another company, independent auditor, isp testing, if you get past that how do you prove the person visiting your site had the knowledge that there company did not own it…?


How reliable are ip logs in the eyes of the law..? What about software that can mimic or pretend to be from nearly anywhere it wants? Has a panel, judge etc deemed it admissible or relevant for a trademark case ...
It would be lovely to say that there ip visited they did nothing I’m ok

I see flaws and may explain why as far as I’m aware has never been used but if you think you could set a president and successfully win use it …