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Welp, let me say this.
The laws do not work the way you want always, sometimes a good thing sometimes not.
I lost a major law suit in 1995 and lost the 11th circ court of appeals 4 years later.
We argued there was no patent or trademark filed, the software I was accused of infringing upon was released for free before their claim, we had them dead to rights and courts granted them a win on trademark and patent.
Irony, is they never FILED for a mark etc. Yet they won.
Law is a crap shoot, contact the PTO website, there is NO justice and law is not black or white, its subjective to intrepretation of jurors and a salaried judge, there is NO consistency thats why there is SO much freaking case law.
If you released before you patent who cares, file for patent and act like that never happend....:-)))
I hate intellectual law.
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