Couldn’t they just be not dicks and license the trademark for $1 with criteria like the mascot isn’t portrayed in a negative light and the daycare’s actions are not those of Disney, etc? Probably not, then the Nice I Suffer From Multiple Project Disorder Shirt. That would cause a whole mess of legal issues. And I’m sure the same team of lawyers who took the daycare centers to court could have also legalized their way into an agreement that didn’t make them look like assholes. They didn’t take them to court. They just sent a letter. Writing up a licensing contract is a lot of work and needs legal teams on both sides. I am sure they have a canned letter for takedowns. Then it’s really a nice shirt for all men and women. So you should buy this shirt. Thank you so much.
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Exactly. They’d be spending tons of money to put something like this together for a nominal fee and anger their other licensees who likely paid 6 or 7 figures for the same rights. Also, these daycares probably aren’t going to be able to get effective counsel to pursue their interests in the Nice I Suffer From Multiple Project Disorder Shirt. What happens when they violate the terms of a contract they didn’t fully understand and weren’t properly represented in? Now Disney looks even worse suing for breach of contract. It’s a lose-lose for them. This is something of a myth. It’s commonly associated with loss of trademark rights through (e.g.escalator, aspirin) or through a loss of secondary meaning. The second one basically means that there are so many other companies in the area using the same or a similar mark that your use of it isn’t actually distinctive.
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For example, there was a case where a Sun Bank in Florida lost trademark protection. Because something like 400 other businesses there used Sun in their name. Neither of these comes Nice I Suffer From Multiple Project Disorder Shirt. Neither of these applies in this context so this wasn’t a matter of Disney having to police their mark. It was much more likely their own policies of controlling their brand. Not letting it be associated with businesses they don’t know anything about. And not upsetting their other licensees who likely paid through the nose to use those characters. Then it’s really a nice shirt for all men and women. So you should buy this shirt. Thank you so much. And I hope you have a nice shirt. Ok.