incontestability
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Five Years Later, It Doesn’t Matter Who Filed It
It’s pretty official at this point, once a trademark registration is “mature,” that is, more than five years old, the registration cannot be challenged on the basis that the original application was not filed by the then-owner of the mark. The 6th Circuit, in an unpublished opinion, reached this conclusion and we now have the… Continue reading
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Waiting Too Long
Medical Products Laboratories, Inc. v. Premier Dental Products Co. had the makings of a good tale about joint ownership of a trademark, but alas, it was decided on a statute of limitations basis rather than anything more substantive. Maybe we’ll see something later in the state court. Medical Products was a contract manufacturer for Premier… Continue reading
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An Invalid Assignment Isn’t Incontestable
I’m not even going to try to outline the convoluted competing ownership claims to the STOLICHNAYA trademark for vodka – you can read the decision for that. But the disagreement about who owned the mark led to a trademark infringement suit that plaintiff Federal Treasury Enterprises Sojuzplodoimport (FTE) brought against the record owner of the… Continue reading
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