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by verve_rat 886 days ago
I am aware of trademark becoming generic words and losing protection. But that is a process of a trademark becoming so wide spread in usage that courts find that it is just a common word now. Courts look a common usage, not a tally of all the times the trademark holder didn't defend the trademark.

A trademark might still be generic-ified even if the holder attacks every use of it.

If Valve ignores this one, and decides to attack some other project selling something with a Portal trademark on it, the courts won't look at this case and say "but you didn't do anything that time".

The whole premise of "defend it or lose it" is a misunderstanding of how trademarks becoming generic.