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by propter_hoc 3799 days ago
If you're referring to this device [1], it's a matter of opinion. Personally I wouldn't really agree: the mortar and pestle is a common enough device and the leaf is a nice distinctive element.

The real risk in a situation like this is not really that you get a C&D from using it on your startup's landing page. The risk is that if you eventually tried to file a trademark for it, you would lose: either because some large firm's lawyers would oppose and have no trouble outspending you; or because, if you tried to file a trademark on an open-source logo you found on HN, you probably got bad legal advice.

If I had a natural-supplement startup, for example, I'd be fine using this open-source logo as a placeholder and developing a new logo once I wanted to start a trademark registration process.

http://enjoykingsheath.com/wp-content/uploads/2012/02/lloyds...
1 comments
weinzierl 3799 days ago
> The real risk in a situation like this is not really that you get a C&D from using it on your startup's landing page.

Doesn't a trademark have to be defended if you won't face the risk to lose it? Is the C&D really so unlikely?

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propter_hoc 3799 days ago
IP law firms use automated software to scrape the trademark registration filings at the USPTO and other national trademark offices (ex. [1]). These software services automatically assess filings for possible infrigement. This is the most likely way for a bigco's lawyers to find out about your logo or company name - far more likely than them finding out about your startup from techcrunch or some other source.

Unfortunately for me, this happened to me. I was able to negotiate a coexistence agreement for my logo, but I could have done without the pain. If I were to start over from scratch, I would seriously consider doing the Apple/Google offline foreign filing trick [2].

[1] http://towergatesoftware.com/

[2] http://blog.altlegal.com/tongan-shell-game-how-apple-and-goo...

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weinzierl 3799 days ago
Thanks for sharing your experience. The second link was really interesting to read and the Apple/Google offline foreign filing trick was new to me.

I still don't understand how it solves the problem. After six months you will have to file at the USPTO and then the scrapers could find you anyway.

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