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by ssl-3
701 days ago
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It appears that they're gathering orders for to do a group-buy of a custom-machined aluminum shell for the keychain widget, and that this newly-minted custom-machined hunk of aluminum includes the a replication of the Nintendo logo. That's commerce. Now, obviously: Their target market knows exactly what they're buying, and they aren't going to be confused by any of this at all. But trademark law (and the surrounding case law) may not see it that way. It's easier (and a lot less fear-inducing) to cease-and-desist before Nintendo's IP lawyers send a nastygram than it is to do so afterward. (And in order to keep their trademark intact, they pretty much have to send that nastygram. Trademarks are very much a defend-it-or-lose-it thing.) --- "Sorry guys, the first order had to be scrapped along with all of the money we collected and spent on it. If anyone is still interested, the price is still $55 for a shell without the logo if we can get another 30 orders in again." |
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