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You don't need to register a trademark, to have a trademark. Just assert it.

You don't need to register a trademark, to have a trademark. Just assert it.

Posted Jul 14, 2011 13:52 UTC (Thu) by david.a.wheeler (guest, #72896)
In reply to: Open licences need a "no passing off" clause by ayeomans
Parent article: VLC and unwelcome redistributors

Trademark law, not copyright law, is designed to handle this sort of thing. And at least in the U.S., you do not need to formally register a trademark to have one. The USPTO's Trademark FAQ says:

Must I register my trademark? No. You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides several important benefits.


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You don't need to register a trademark, to have a trademark. Just assert it.

Posted Jul 14, 2011 18:22 UTC (Thu) by dlang (✭ supporter ✭, #313) [Link]

you may not have to formally register the trademark, but you do have to enforce it or you loose it.

You don't need to register a trademark, to have a trademark. Just assert it.

Posted Jul 15, 2011 0:09 UTC (Fri) by giraffedata (subscriber, #1954) [Link]

And I believe protection exists only for marks used in business. Does the VLC project qualify as a business? I think the fundamental question is would the project lose money if people were tricked into downloading something else thinking it were VLC's product?

You don't need to register a trademark, to have a trademark. Just assert it.

Posted Jul 19, 2011 4:20 UTC (Tue) by butlerm (subscriber, #13312) [Link]

I imagine that registering the trademark, and threatening to sue anyone who knowingly abuses it would go a long way. It doesn't have to cost a lot of money.

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