The Trademark Blog reports on a new case where two companies claim to own the same mark. In the complaint, the plaintiff and trademark registrant claims that it licensed the mark to the defendant but later terminated the license. The defendant’s website says that it acquired the business from the plaintiff. Here is the relevant agreement and termination letter, you be the judge:
Scala License and Termination
The defendant has also filed its own trademark application. One defense theory, based on the parties’ correspondence, will be abandonment.
Complaint here.
Full set of exhibits to complaint here.
Motion for TRO here, thanks to the Trademark Blog.
© 2009 Pamela Chestek
