[zinekeller]

> That implies that _I_ am correct. You do understand that right? Unreal can conclude that their mark isn't being damaged. "Not suing Nreal" is not that same as "a complete failure".

I would agree if Nreal were a supermarket chain or an airline (as in that case there's a real separation, this is the reason why you have Linux detergent), but since Nreal is (arguably) in a gaming business Epic's lawyers might decided that it's too close to their own trademark. If a future case have concerning the "Unreal" trademarks would have been filed by Epic and the defense have brought up passing-up of Nreal's trademark, the court could have ruled that Epic did in fact not enforced its "Unreal" trademarks and even paved the way to genericize them.

[CogitoCogito]

Your entire argument is predicated on the assumption that Nreal actually is infringing on the Unreal trademark. Unreal could conclude otherwise. A court could find that reasonable. A court could disagree with another's company's claims that Unreal isn't defending it's marks for this reason.

So yeah there is a choice. Judges, lawyers and companies are not automatons.