- Jun 12, 2021
- 93
- 160
This is true... but not defending your IP rights *also* weakens your IP rights. And for the most part defendents are going to go with Fair Use, not "they don't own the rights."Challenging the IP of a character in court can be a double edge sword. If the the defendant wins it diminishes the value of the IP and can possibly lead to to dismissal of the IP rights in extreme situations. So sometimes it better to let the intrusion exist because it has no real effect on the main stream business us of the IP
This reminds me of when Universal sued Nintendo over Donkey Kong's similarity to King Kong - and during the trial Nintendo's lawyers discovered that Universal didn't actually own King Kong at all.