

Ask HN: Is Monster Energy Drinks trying to abuse DMCA? - hmaugans
http://www.desktopnexus.com/blog/2009/05/dmca-trademark-claim/

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anigbrowl
IANAL, but it appears their argument is that you are exploiting their mark as
part of the commercial service your website offers. It seems legally sloppy
and you're correct about it not really being DMCA material, but I'm not so I'd
go so far as abuse.

It is a given in trademark law that if a mark is not aggressively defended by
the owner then they have only themselves to blame if it is later
misappropriated. Trademarks don't enjoy the same absolute protections as
copyrights do. They don't want to dilute the _secondary meaning_ of the
trademark, which might (theoretically) happen if they let you keep giving it
out at your site.

