Mark Shewmaker wrote:
>
> OSI did abandon their US *registered* trademark
application, but I don't
> see how abandoning the registered trademark application
implies that
> they don't still have their common law trademark.
>
IANAL, but it doesn't matter whether OSI intended to
abandon the
common-law mark. Its abandoning of the registration, along
with
continual blatant misuse they don't correct (unavoidable),
means the
mark is unenforcable. Of course, given that OSI originated
the term,
some people may still wish to be respectful and take their
advice.
However, they have no legal obligation.
-Matthew Flaschen
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