Reply to post: Claiming trademark infringement

Oracle hits UK reseller with lawsuit for allegedly reselling grey market Sun hardware

hayzoos

Claiming trademark infringement

The fine point is Oracle claiming trademark infringement. First thought of solution would be to strip all the badges before resale. Except, what about the software bits? Software also enjoys copyright protections which could be leveraged to protect removal of trademark badges. If you think about it both hardware and more recently, and to a lesser extent, software can be protected by patents and do not forget about design patent. Patents could be leveraged also to protect removal of trademark badges. So the argument could be that the trademark badges are an integral part of the kit thanks to the software copyrights, design patents, software patents, and hardware patents. Therefore all that has to be won is the claim that the trademarks cannot be sold/resold in markets not allowed by the trademark IP holder.

Brilliant! I should patent that legal manoeuver.

POST COMMENT House rules

Not a member of The Register? Create a new account here.

  • Enter your comment

  • Add an icon

Anonymous cowards cannot choose their icon