• Posts Tagged ‘void ab initio’

    “Incontestability” and Cancellation

    by  • February 13, 2017 • trademark • 2 Comments

    I previously reported on a case that managed to find a non-statutory basis for cancelling an “incontestable” trademark registration, specifically that the application for the registration was void ab initio. The plaintiff and trademark owner was NetJets, with a registered trademark for a software program INTELLIJET. The defendant was a company named Intellijet Group....

    Read more →

    It’s All About the Facts

    by  • July 18, 2016 • trademark • 0 Comments

    Who the true trademark owner is, as between a member of an LLC (or shareholder of a close corporation) and the entity that the person owns, can be a vexing question. When there are only one or two owners of an entity the lines are very blurry—see here and here and here and here...

    Read more →

    Working Around Incontestability

    by  • October 22, 2015 • trademark • 0 Comments

    Once a trademark is incontestable, its validity cannot be challenged except on certain limited bases. Is “void ab initio” one of them? “Void ab initio” isn’t listed in the statute as a basis for challenge, but the defendant in NetJets Inc. v. IntelliJet Group, LLC found a workaround. The plaintiff registered its trademark, INTELLIJET,...

    Read more →