Originally Posted by
kbarch
They'd need to make a case that their reputation was damaged as a result.
No, they'd just need to know about it (which they might not) and defend their trademark (which many people see as "petty" even though it's mostly required). No "damage to their reputation" is required to defend the use of their trademark.
Plus, it's probably impossible to get any favorable action from the Chinese legal system.
Originally Posted by
kbarch
Seems to me the presence of their branding is just an incidental...
If it's so meaningless, why even produce it? If it's so meaningless, why even buy it?
Originally Posted by
kbarch
It occurs to me that designs like the Acqua & Sapone team kit are essentially salvaged - if anyone wants to claim the design, they owe the Chinese a fee for bringing it back and generating interest.
It's really
this that I'm arguing against. It's sounds sort of like extortion (providing a "service" and then asking for payment).
The company might not want the "generated interest". They might even see it as a
bad thing.
Originally Posted by
kbarch
...like product placement in a movie - they can't complain if later on the movie is revived and becomes a cult classic that they don't want to be associated with.
It's more like creating a
new movie with product placement (and product placement is a big deal). An old movie is a historical article (created in the past). You are talking about people manufacturing new clothing.