tag:blogger.com,1999:blog-5764290.post7315563035964837799..comments2024-03-22T08:01:16.236-04:00Comments on Rebecca Tushnet's 43(B)log: Bait and switch on different versions of the same brand isn't TM infringementUnknownnoreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5764290.post-58713570274795901642023-08-11T07:39:08.207-04:002023-08-11T07:39:08.207-04:00I don't know if this comment will ever be seen...I don't know if this comment will ever be seen but I hope someone in 2023 will take a look at Adobe's current practice of allowing direct downloads of all forms of "trial" software from their website, even versions that are no longer officially supported. They then allow the "Buy" button to work in that software but the license generated will not properly activate it. Burried on their massive website there are disclosures that they only sale the current version, but those disclosures are not prominently displayed on the download page where earlier versions of software are found, nor is the "Buy" button on the trial software disabled (grayed out) to signal that the product cannot be activated. If one is a casual user of products such as Photoshop Elements (aimed at consumers, not professionals) or a newcomer to these products it can be difficult to appreciate that the working "Buy" option available on software directly downloaded from the Adobe website is misleading. In fact, upon moving to the Buy screen where payment details are input it will state under specifications that "multiple" operating systems are supported by the product, which can be construed to mean that the license key that will be electronically delivered to the recipient's email will be consistent with the system requirements of the trial product. I can vouch for the fact that this is NOT the case: One will receive a license key wholly INCOMPATIBLE with any prior version of the software, even if that software is only one year earlier (i.e. Photoshop Elements 2022 trial will result in a Photoshop Elements 2023 license key). Essentially what this means is that the company is engaging in bait-and-switch because upon being contacted immediately thereafter they will state that under no circumstances will they provide the license key that the consumer thought they were purchasing. In other words, they will take payment under less-than-clear circumstances and refuse to refund it, even if the customer does not have the ability to run a current version of the software (due to limitations of their Mac or PC hardware). Adobe needs to be taken to task for the practice of allowing WORKING "Buy" buttons to exist in non-supported software downloaded directly from their website. Either remove the software or remove the "Buy" option from the trial. What's more, it should not be legal for a software company to render obsolete only ONE version behind the current version. This is not about retiring 5-year-old products. This is about making ONE YEAR OLD software ineligible for activation even though consumers are permitted to buy it directly from within the software trial itself.Anonymousnoreply@blogger.com