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this post was submitted on 17 Sep 2024
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I know it's common, fun and morally correct to dunk on Nintendo, but they need to "defend their IP", if they don't want to lose their trademark on it.
Copyrights (rights to media content) do not lapse because of failure to enforce them.
Trademarks (the right to call your product a specific name) can lapse if members of the general public start associating it with a type of product rather than your specific brand. This happened with "zipper", "jet ski", and "popsicle". But you can't sue Grandma Smith because she mistakingly referred to an Xbox as "a Nintendo".
Not how this works.
Its not? Are you sure there's no "reasonable defense" requirement within IP law here for N? Can you explain why it doesn't apply?