The big problem here is people aren't fully understanding Trademark law.
Ruaidhri Hogan

Given that you apparently “fully understand” trademark law, perhaps you could enlighten we rubes as to a few points?

  1. What makes you think that this is an infringing use at all given that a) Kik Interactive’s marks are in markets that appear unrelated to the domain of the kik open-source library, and b) there are other Kik trademarks that appear to happily coexist?
  2. Even if it is infringing, what makes you think that this isn’t the sort of de minimis infringement that is allowable under the progressive encroachment doctrine, which means that Kik would have no obligation to sue?
  3. Even if it isn’t allowable de minimis infringement, why wouldn’t Kik Interactive’s trademarks be entirely protected by executing a simple licensing agreement with Azer? Why do you claim that they would have to sue to protect their mark?
  4. If they do have to sue every library developer to protect their mark, then does this mean that one of the other companies that owns a Kik trademark would not be allowed to develop a library without Kik Interactive being at risk of losing their mark? And if so, aren’t they at risk of losing their marks if Kik Interactive creates a kik library?

Thanks! I look forward to your reply. And do mention where you got your law degree and your experience practicing trademark law. It’s a complicated topic, so it must be nice to fully understand it.

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