Comment by mollusc-engine
Comment by mollusc-engine a day ago
> Courts don't work by saying, "oh, but everyone is doing it! Not much we can do now."
They kind of do. If you fail to bring legal action to guard your intellectual property, and there’s a pattern of you not guarding it, then in future cases this can be used against you when determining damages etc. Weakens your case.
Downvoting won’t make it untrue lol.
This is only true of trademarks, not copyrights (which was the discussion here).
Trademarks can become 'generic' if you don't defend them. But JK Rowling wrote Harry Potter, whether she sues fanfic authors or not, and can selectively enforce her copyright as she likes.