It would save a LOT of mom-and-pop restaurants and specialty shops if it were.MrPopo wrote:I wasn't aware that there wasn't a prior art clause for trademarks. I agree, that's something that should be put in place.
That's one of those things that's a problem with the application of the law rather than with the law itself though.As for your claim of hypothetical in patent law, it's one of those things that depends on the given clerk/court at the given time. I know the water bed was denied patent because of prior art in Stranger in a Strange Land, for example.
Hmm. That's similar, but not exactly the same thing. The pen & paper RPG DragonQuest that prompted the name change to "Dragon Warrior" predated the enix game by several years. It was just an unfortunate collision of two D&D-inspired RPGs with almost identical, very generic titles. Annoying, but innocent.While I haven't personally heard of squatting, I know that's why it was Dragon Warrior when first released here in the States.
Squatting is more malicious, and happens when someone registers the trademark specifically to hold it for ransom or block foreign competition. In the case of Macross, for example, Harmony Gold saw the success of the North American release of Macross Plus, and then trademarked the name "Macross" purely in order to block any further competition with their Robotech products.
