Diafel said:
Then wouldn't they be guilty of failing to protect their own trademark, by allowing some to shift, but not others?
They either allow it or they don't. It can't be both ways. Trademark law says you must protect your trademark at all times, not MOSt of the time or SOME of the time.
I suspect this is partly why they don't want to actually set foot in a courtroom. That, and their trademark lawsuit would probably fail on the media shifting front (1:1).
And it is called "giving permission" you see believe it or not, they actually have the right to do that under the law if they so choose and they can even pick and choose who they give that permission to!
Just as I as a song copyright holder could give my permission to one person to record his/her rendition of my song and not allow anyone else to, or I could give that permission to 10,000 people, that would be my choice!
Just because one is given permission to record a song it does not extend that right to anyone else, by the same token just because 4,000 are given permission to display a trade mark it doesn't give everyone the right to do so!
It is all in black and white in the laws as they are written!
Sound Choice can choose to forgive 25 for violations and still not have a bit of problem prosecuting 3 others for the same violations! They aren't doing so but they have the right to!
You can compare it to the cop that sets up radar and let's three people go by running 70 in a 60MPH zone and then stops you for running 71, the arguement that he didn't enforce the law on the three speeders in front of you so you aren't guilty of anything either isn't going to fly with the judge!
You can make the arguement all day long that your speeding wasn't anymore a violation than the three that the cop let go by, the judge is still going to find you guilty of speeding!
The whole point is that SC has given blanket permission to display their trademark from a SC original disc, if you are displaying it from a copied and/or shifted source you don't have blanket permission and they have the right to file suit against you even if you are 1:1, they are graciously forgiving those who prove they are 1:1 (again they don't have too)!