Atticus Finch
Call Me a Cab
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- 2,718
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- Coastal North Carolina, USA
I see also that they call their Open Road clone the Open Road. Perhaps one of you lawyers out there (Atticus?) might offer an opinion on the kosher-ness of that. Might Hatco's lawyers be sending a cease-and-desist letter? Or might some other hatmaker take it as an invitation to use the Open Road name as well? Isn't there some doctrine about defending one's trademarks, that if you stand back and do nothing while one entity walks all over your property you can't very well decide that you'll sue some other entity for doing the same?
I once knew just enough about copyright and trademark law to pass the North Carolina State Bar Exam. I'm happy to report that I've since forgotten what little I knew. I would guess (and this is only a guess) that Hatco has somehow not preserved its Open Road trademark in Canada. Or maybe the trademark expired during the shuffle when Stetson sold out to the company that eventually sold out to Hatco. I have often wondered why Akubra doesn't sell the Camp Draft in the USA. It isn’t the same hat as the Open Road and, of course, it is named something else. I speculate that it is because of a contractual agreement between Akubra and Hatco that did survive the sell out.
But, yes, you are correct. If one fails to defend a trademark, when one has a legal right to do so, the trademark can be lost. It is sort of like the trademark law equivalent of property law’s theory of adverse possession.
AF