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Date:      Thu, 12 Feb 1998 15:03:22 -0800
From:      Mike Smith <mike@smith.net.au>
To:        Greg Lehey <grog@lemis.com>
Cc:        Mike Smith <mike@smith.net.au>, A Joseph Koshy <koshy@india.hp.com>, freebsd-hackers@FreeBSD.ORG
Subject:   Re: General policy on trademark violations 
Message-ID:  <199802122303.PAA04588@dingo.cdrom.com>
In-Reply-To: Your message of "Fri, 13 Feb 1998 09:20:35 %2B1030." <19980213092035.32504@freebie.lemis.com> 

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> >>>  - Fight it in court.  This is only an option if a donor with a few
> >>>    million spare to spend on a hopeless case turns up.  Trademark
> >>>    litigation is rarely started against small parties without some
> >>>    expectation of success.
> >>
> >> The expectation of success might be that somebody in the small party
> >> assesses the chances of their success (based on their financial
> >> ability) as small, and comes to the conclusion:
> >
> > Are you actually familiar with the basic principles behind trademark
> > law?
> 
> Yes.  They default to the basic principles behind civil litigation,
> one of which is "I have a good chance of success if I can convince you
> that you can't win".

This doesn't, however, mean that they *don't* have a strong case.

Let's look at this another way:

  Are you willing to fund the FreeBSD Project's defence against a 
  trademark litigation case pursued by Hasbro?

If the answer is "no", then regardless of how you may _feel_ about the 
rightness or wrongness of the case, resistance is not a viable 
alternative.

> > Did you read all the way through this thread last time 'round?  There
> > was a particularly interesting post which gave the trademark
> > classification groupings of interest here, along with input from a
> > number of people that have clearly been involved in this sort of thing
> > before.
> 
> No, I missed that.

It makes for interesting reading.  We appear to be in the same 
namespace as inflatable cushions and stuffed toys.

> > A trademark litigation profiteer is not going to propose or commence
> > action without expectations of success.  That would be bad business.
> 
> I didn't say they would.  I just pointed out one reason they might
> expect success.  It has nothing to do with being in the right.

None of this does.  Which is why all this loud moralistic 
breast-beating is so pointless.  Resistance *is* futile.  Let the 
Vogons have their silly name and game; we've got better things to do 
with our time.

-- 
\\  Sometimes you're ahead,       \\  Mike Smith
\\  sometimes you're behind.      \\  mike@smith.net.au
\\  The race is long, and in the  \\  msmith@freebsd.org
\\  end it's only with yourself.  \\  msmith@cdrom.com



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