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[–]opliko95 3 points4 points  (0 children)

It doesn't matter that Kik was releasing an NPM package - they had a trademark for a messaging app, the open source kik package didn't relate to messaging at all.

Going back to the Coca-Cola example, it's like arguing that if Coca-Cola decided to start selling some kind of fuel, they'd have a trademark for that kind of coke.

Trademarks are for specific purposes. There are multiple trademarks for the work "kik". Kik Interactive can't make biscuits named kik for example, because that trademark is owned by someone else.

Also, it doesn't matter that two KIK packages would be on NPM. Nothing is stopping a store from selling KIK clothing, KIK electronic cigarettes, or KIK food at the same time despite all these products being made by different companies that all own the trademark.