Yes. Long ago I asked my first business lawyer something like, "Could we be sued for that?" His answer was something like: "Sure. You can be sued for almost anything. They probably can't win in the long run, but that isn't the important question. It's whether you are willing to pay to fight it to the end."
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That's pretty dirty. If you have no legitimate claim to a trademark, just buy an existing slightly related trademark and use that!
I am surprised that this would pass in court as being a legitimate means of existing.
It doesn't have to pass in court as long as you have more money than your opponent. You just keep going until they run out of money.
Yes. Long ago I asked my first business lawyer something like, "Could we be sued for that?" His answer was something like: "Sure. You can be sued for almost anything. They probably can't win in the long run, but that isn't the important question. It's whether you are willing to pay to fight it to the end."
It seems to me that the anti-SLAPP laws apply in spirit here (of restricting overbearing litigation.)
http://en.wikipedia.org/wiki/Strategic_lawsuit_against_publi...
It might be, but sadly and more realistically, the costs of a completely fair and honest dispute would still be incredibly inhibiting.