tag:blogger.com,1999:blog-5574479.post4212438832984767814..comments2024-03-28T08:10:18.991+00:00Comments on The IPKat: The Dirty Little (Or Not So Little) Secret Of Trade Mark LawVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5574479.post-63321489738886389112012-06-02T15:19:38.304+01:002012-06-02T15:19:38.304+01:00Another thought - when I see co-existence agreemen...Another thought - when I see co-existence agreements, I sometimes see them phrased in terms of "the Mark," i.e., a single mark. But the whole premise of a co-existence agreement is that the two trademarks can happily co-exist, so it seems to me the agreement itself is a concession that there really must be confusion (there's only one mark, after all) and the parties are just deciding to tolerate it. So the agreement itself is a dead giveaway to what's really going on.Pamela Chestekhttps://www.blogger.com/profile/09997764091535406126noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-58125595761057484502012-06-02T02:55:01.421+01:002012-06-02T02:55:01.421+01:00I agree completely with your second dirty little s...I agree completely with your second dirty little secret and see it far too often, particularly fostered by those who think that a trademark is just a piece of paper. In these cases, though, the premise eventually becomes the reality, as with Burlington Coat Factory and and Burlington Industries - do you remember the disclaimer at end of the commercial?<br /><br />I think there's one more point on dirty little secret one. While failure to comply creates infringement, if we have a contract my hope and belief is (or I wouldn't have entered into the contract) that you will be a good citizen and diligently try to avoid confusion now that we've gone to the trouble of defining what we think causes it. So the contract is also a mechanism for encouraging behavior, not simply to be the basis for a claim in the breach.Pamela Chestekhttps://www.blogger.com/profile/09997764091535406126noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-18575669017772458152012-06-01T17:49:46.347+01:002012-06-01T17:49:46.347+01:00In the days when GEC was major electrical company ...In the days when GEC was major electrical company in the UK, reference was often made in literature on the lines of <br /><br /><i>"Not to be confused with an American company of a similar name" </i>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-18591507713963521542012-06-01T13:37:02.968+01:002012-06-01T13:37:02.968+01:00Not to forget those cases where a trade mark has t...Not to forget those cases where a trade mark has two different owners (in two erstwhile different markets) owing to historical developments:<br />Osram, Persil and Daimler are ones that spring most readily to mind ...Ericnoreply@blogger.com