"arguable" "might decide"

So...they have a choice?

There is nuance to all legal cases. There is nothing in trademark law that says you have to sue anyone who arguably might be infringing on your trademarks. Everything is a balance. Everything is a choice. This case is no different. Unreal absolutely did not need to do this. I understand why lawyers who might want your billings might tell you otherwise. I don't understand why random uninterested parties on the internet would though.

Yes, Epic had a game called Unreal, but so many games exist using common terms. It would be ridiculous if every company went after every dictionary term like this. It’s hard enough naming things as it is and the problem is only going to get worse.

All cases like these do is harm smaller projects and start ups who don’t have the resources to fight.

> What Should Trademark Owners Do?

> Trademark owners should diligently protect their trademarks from infringement and other misuse (e.g., blurring, tarnishment, unfair competition, passing off, false advertising and cybersquatting) that may harm the owner's goodwill and business reputation. A trademark owner is not required to uncover all possible uses that might conflict, or immediately commence a lawsuit against every possible infringer. At the same time, a complete failure to enforce will lead to a weakening of an owner’s marks, loss of distinctiveness over time and, as we saw in this case, potential forfeiture of certain available remedies.

That implies that _I_ am correct. You do understand that right? Unreal can conclude that their mark isn't being damaged. "Not suing Nreal" is not that same as "a complete failure".

So thank you for proving my point.