TCOG- Smith??? Nabors??? has a new Competitor!!!

[EagerBeaver]

Well I just don't understand it Scoot. The argument makes no sense...Poimen is basically saying that if you do something wrong to someone else but they decide to not punish you for it then it's okay.

Granted I don't give a rat's fanny about a church flag any more than the next guy but the principle of intellectual property still applies. Meaning, if the flag is copyrighted, COGOP maintains full control over who can use and modify its design. Fair use doesn't even begin to apply here.

[dolfan]

If a similar design cannot be registered as a trademark because it would create confusion, then displaying that design is unauthorized use. HOWEVER, if the trademark owner fails to sue to prevent third party use of an infringing design, such use is not local and minor only so that successful litigation to prevent it would not cause substantial harm to the owner's purpose in having the design (in other words, infringing use is more than local and minor), then the owner can be said to have acquiesced in the use of the infringing design and there is no remedy to stop its use in such cases.

The issue is whether COGOP is acquiescing in the technically infringing use by TCOG (assuming there is an infringing use .... you all can debate that --- I won't because I'm not keeping up with that fight). If so, then the argument can be made that there is no wrong done by TCOG. If COGOP knows of the infringing use that is widespread (and certainly it does or should if that's happening), then it should take action or it may be deemed to have, for all intents and purposes, authorized it.