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0 pointsbastawhiz1y ago0 comments

You don't get to say "go ahead and use it," wait a decade, and then grumble that people are "confused". But even then, some random reddit or content farm post doesn't rise to the level of demonstrating "widespread consumer confusion". Hell, that content farm post looks generated by ChatGPT, should a hallucination be admissable as evidence of "confusion"?

Had Automattic cared at all eight or nine years ago, they might have a case. But saying that a few random people on the Internet got it wrong (maybe even because some random content farm posted nonsense) after ignoring the issue for so long is decidedly nonsense.

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creatonez1y ago

The surrounding context explains that there are hundreds more, and consumer surveying to back up the claim:

> A few of the hundreds of examples of actual confusion are attached as Exhibit C. Moreover, an objective empirical survey by a leading professional survey expert indicates that a significant degree of marketplace confusion is caused by your infringing use of the WORDPRESS and WOOCOMMERCE trademarks.

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> they might have a case

To be clear, I don't believe they have a case, I wasn't commenting with the intention of saying that. They only have a cease and desist letter at the moment. There is no admissing of evidence at this point, there are only letters.

If there were a case, there's probably a good chance they will lose due to what you describe -- unenforced trademarks.

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