rostigerpudel
Joined 12 years ago
Joined 12 years ago
I stand by the rest, though. She's really a blight on our energy policies and development.
Plus, our chancellor has zero experience in governing anything (he's not even been mayor before) and is firmly stuck in thinking like a Blackrock executive.
So, to answer your question: We are waiting for a government that is not entirely in the pocket of those that want to stick to the status quo and profit from crises as long as possible.
This really is the original poster's problem.
Interestingly enough, Waffle House is mentioned in a 2007 article related to a US trademark law reform as an edge case [1].
This does not seem to be the first time that Waffle House appears to be overreaching: [2]. The balls to pull this off with a straight face, kudos to the colleagues.
An article from INTA relating to dilution [3].
[1] https://scholarship.shu.edu/cgi/viewcontent.cgi?article=1864... page 458, last paragraph and footnote [2] https://www.techdirt.com/2011/08/17/waffle-house-says-rap-so... [3] https://www.inta.org/fact-sheets/trademark-dilution-intended...
There is a difference when treating well-known trademarks (say Coca-Cola, Sony, Google), however I doubt Waffle House gets over the threshold set for that for being too local (I counted at least 20 states that do not have one) and not sufficiently known by all demographics (if you want to know more read up on the Lanham Act).
Full disclosure: I am a TM lawyer, but not in the US. YMMV and what I write here is no legal advice ;-) since only gathered from US colleagues' explanations regarding cases clients had in the US.
The notorious/well-know concept is part of an international treaty (Art. 6bis of the Paris Convention) and its interpretation is similar in most western countries, so I'd expect the US interpretation to not be that far off.
Actually, I'm pretty sure their request has no trademark law legs to stand on. Trademark infringement first and foremost requires two things: a) commercial use and b) for the goods and services the trademark is registered for.
Now I just checked and Waffle House has registered its trademark for "waffles", for "mugs", for "keychains" and other trinkets and for "restaurant services", but has zero registrations for "providing information online" or similar. So they really had nothing to defend with regard to a website that sells nothing.
Basically, had he just changed the website to use the name in text, they would have had a hard time to even forbid the nominative use of the trademark to refer to the actual waffle house (referring to the actual owner of a trademark in a nominative/descriptive manner is generally allowed).
There may be other areas of law that are more pertinent, but this is no case of good faith trademark defense. There was no "must" here. Looks like BSing someone who does not know better so he backs off. Also looks like using the archaic und expensive US legal system as a tool for coercion. Even if you're right, you need to be able to afford being right...
https://www.aljazeera.com/economy/2022/9/2/russias-gazprom-k...