Comments 2

Re: Remedy Has Clarified Logo Issue, Recently Resolved Amicably with Take-Two

ripley

One of the legal requirements for holding a trademark is that you must show that you have made efforts to defend it against infringements to maintain the exclusive right to use it. The simplest and strongest way to do this, even in perfectly amicable relations, is to officially file a complaint against the other party and then immediately follow it with a filing that says you’ve come to an agreement with them. Without context, it can look like you’re “suing” them, but in reality both lawyers on both sides already had agreed to not do anything. This sounds like precisely what happened here.

Think of it this way - pretend that your city dedicates a public parking lot to you, and you can park as many cars as you want there, and keep other people out. There’s one catch - if they find that you haven’t shown a reasonable effort to keep random people from parking there, they’ll take it back and you don’t get to use it anymore. Your friend wants to park there, so you call the cops and officially file a report that says “He is parking in a restricted space, but I am allowing him to do it for now”.