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post #35 of (permalink) Old 02-12-2019, 03:51 PM
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Quote: Originally Posted by The Robot View Post
It's not the same actually, Bethesda bullied an indie developer who never intended to steal the name, but here we see big company just blatantly stealing a trademark from a small firm and thinking they can get away with it since they got an army of lawyers. So yeah, I think Mayhems is morally right on this one, and it's not an issue of "frivolous patents".
First of all is important to understand that Bethesdas trade mark for Elders scroll is very valid and can be categorized as "suggestive words" as they are not directly related to computer games or even RPG's. What Bethesda did wrong was use it to go after someone who was using the name "Scrolls" something they had not trade marked.

The argument TT is doing in this case is argue that in the context of colored products the word "Pastel" is a generic word and in most countries generic words that name a product can't be trademarked.

And now for the kicker, and I'm mostly speculating here now as I'm not an expert.

Mayhems trademark UK00003129168 is for
Class 1
Coolants;Chemical preparations for use as coolants;Concentrated cutting fluid coolants;Coolants (anti-boil preparations for engine-);Coolants for vehicle radiators;Engine (coolants for vehicle -);Engine coolants;Machine coolants;Machining coolants;Vehicle engine coolants;Anti-boil preparations for engine coolants;Coolants (Anti-boil preparations for engine -);Engine coolants (Anti-boil preparations for -);Coolants for vehicle engines;Engines (Coolants for vehicle -);Vehicle engines (Coolants for -).
So perhaps whoever issued the trademark didn't consider the color of a coolant to be of an descriptive attribute so they treated the word Pastel as they would have any other none relevant word like for example "vivid" or "fresh". I don't think anyone would have been silly enough to approve trademarking the word pastel in the context that is was a paint or dye.

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