I wish “abuse of trademark” was more commonly applied. The way the law is intended to work:
- I register facebooksucks.com, and explain why.
- Facebook sues me for trademark infringement, arguing there is a real risk my (non-existent) customers will think I am Facebook, and buy my services instead.
- The judge rules that this is a frivolous lawsuit whose only purpose is to silence free speech (not to avoid brand confusion).
- I register facebooksucks.com, and explain why.
- Facebook sues me for trademark infringement, arguing there is a real risk my (non-existent) customers will think I am Facebook, and buy my services instead.
- The judge rules that this is a frivolous lawsuit whose only purpose is to silence free speech (not to avoid brand confusion).
- The judge invalidates the “Facebook” trademark.