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Old 04-01-2008, 01:24 PM
mmitch10 mmitch10 is offline
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Join Date: Oct 2007
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Quote:
Originally Posted by Zoom2136 View Post
To make precedent a case has to be argued before the Court and a jugement must be rendered. It is not enough to just state.... hey they let it appened in the past... So if you don't bring a matter before the Court it CANNOT make legal precedent...
You're right about legal precedence, but if trade marks were the issue here then allowing someone to use their trade marks without a licence would lead to so-called "dilution" of their trade mark rights, making them less strong. Another party in the future could then argue that NG had aquiesced to Ubi's unlicensed use of the TMs, so everyone should also be allowed to use them without licence. So you wouldn't make legal precedence, but you would weaken your trade marks.
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