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A 'reasonable person' is a legal fiction I'm pretty sure I've never met.
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Legal Definitions - abandoned mark
Ethics is knowing the difference between what you have a right to do and what is right to do.
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Definition of abandoned mark
An abandoned mark is a trademark that its owner has stopped using and has no intention of using again in the future. It may also refer to a mark that has lost its distinctive significance or has become a generic term. Nonuse of a mark for three consecutive years is considered evidence of abandonment under the Lanham Act. The owner of an abandoned mark has no trademark rights to prevent others from using it.
For example, if a company stops using its logo and does not plan to use it again, the logo becomes an abandoned mark. Another example is when a trademark becomes so commonly used that it loses its distinctiveness, such as "escalator" and "aspirin," which were once trademarks but are now generic terms.
Justice is truth in action.
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Simple Definition
The life of the law has not been logic; it has been experience.
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