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I agree that there is a risk that all uses will be pursued and as you allude to, potential damage to a brand is in the eye of the beholder. However you're making a leap from a use which could conceivably harm the distinctiveness of a mark to taking action against every use and appear to attribute this to the lawyers' over-eagerness.

In my experience, most lawyers are reasonable people who will understand the limits of a trade mark better than anyone else. It's often the commercial people who are telling the lawyers to pursue an infringement against the lawyer's advice.



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