ChazzyP
Platinum Member
- Joined
- Dec 27, 2014
- Messages
- 8,832
@ PURPLEDC, my point was that it is only a presumption that Shirogorov used the lock without permission. I have never seen anything definitive from any of the principal's involved that would answer that question. I was also trying to draw a distinction between trademark and patent and who holds what. Not that any infringement is justified or excusable. If Shirogorov has not used the term AXIS, then there is no trademark infringement.
It is also unclear who holds the right to grant use of the mechanism. Did McH & W grant exclusivity to BMK, does BMK have the right to grant use of the lock to another, or does MCH & W retain the sole right to grant subsequent licenses for use?
To me, there are just to many unknowns to presume Shirogorov "stole" the lock. Some, like Craytab, think that in the absence of crediting the patent holders, presumption of infringement is warranted, as that is "usually the case" (my paraphrase). Not a view I share.
It is also unclear who holds the right to grant use of the mechanism. Did McH & W grant exclusivity to BMK, does BMK have the right to grant use of the lock to another, or does MCH & W retain the sole right to grant subsequent licenses for use?
To me, there are just to many unknowns to presume Shirogorov "stole" the lock. Some, like Craytab, think that in the absence of crediting the patent holders, presumption of infringement is warranted, as that is "usually the case" (my paraphrase). Not a view I share.