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by tialaramex 3084 days ago
Yup, Trademarks are fine, the insistence on muddling Trademark, Patent and Copyright together is bad mojo and people (even lawyers!) need to cut it out.

The same principle as Trademarks even pre-date the formal existence of registrable trademarks, because everybody can see that if "Jameson Beans" are considered to be good quality beans then buying some crap beans and selling them on as "Jameson Beans" is clearly not OK. English law has a tort of "passing off" which is committed when you trick customers in this way, and you can still use it for unregistered marks today, it's just harder than the Registered Trademark law.