# Stupid move by Nutella lawyers

**URL:** <https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [May 21, 2013, 10:28am UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915 "2013-05-21T10:28:44Z")\
**Posts on this page:** 1\
**Showing post:** 54

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**Author:** ![Isamu](https://avatars.discourse-cdn.com/v4/letter/i/7c8e57/32.png) [@Isamu](https://boards.straightdope.com/u/Isamu)\
**Post date:** [May 22, 2013, 2:55pm UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/54 "2013-05-22T14:55:51Z")

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> [@Tabby\_Cat](#):
>
> People are saying that if the company doesn’t defend it’s TM rights, they lose those rights. I’m saying that that’s a misunderstanding of genericification, as that’s the only context in which if you don’t enforce your rights (loosely speaking) you lose those rights.

Okay, then you’re also wrong, along with the others.  
There are many circumstances, besides generification, where you can lose your rights to enforce a trademark by not enforcing them. I’m not going to list them all here. There’s a lot.

> [@Tabby\_Cat](#):
>
> Well.. Not in my experience. Might be possible.

What might be possible? That I told you I’d seen as a fact that someone on this board claimed that ‘if you don’t use it then you lose it’ was a fact for all IP law, might be possible?

> [@Legal types -- Outlawing Jayne hats: is there a legal question here?](https://boards.straightdope.com/t/legal-types-outlawing-jayne-hats-is-there-a-legal-question-here/655302/32):
>
> That’s the way my wife (an attorney) explained IP to me- basically, you have to defend it tooth and nail, because if you don’t, courts tend to find against you.

Whoop there it is.

> [@Tabby\_Cat](#):
>
> Laches operates as an equitable defense against a single defendant.

“an equitable defense against a single defendant?”

You have stumped me, and I can’t read anymore until you explain what you mean.

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