• Posts Tagged ‘laches’

    Tolerated Infringement

    by  • December 12, 2016 • trademark • 0 Comments

    A trademark ownership dispute generally means taking a very mushy set of facts and deciding who has the superior claim. Generally, avoiding likelihood of confusion is the paramount interest, so the outcome will mean that one party will have to cease its use. But sometimes courts allow what I call “tolerated infringement,” concurrent uses...

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    Mind Your Licenses

    by  • December 27, 2012 • trademark • 0 Comments

    Mind your licenses – if you want the mark to remain valid, it behooves you to comply with the terms of the license. Non-party Ansell Incorporated, later called Ansell Healthcare Products (Ansell), owned the mark CONDOM SENSE for prophylactics, claiming first use in 1988. In 1992, it filed an intent-to-use application for the mark...

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    Be Careful When You Threaten

    by  • August 26, 2012 • trademark

    Photo from Grand Rapid Press Here’s one to wrap your head around, courtesy of the IPKat. Cedar Springs, Michigan has heretofore been the “Red Flannel Town,” as evidenced by the sign to the left. The logo was used by the town on city vehicles, the cemetery, its letterhead, and in its town seal. The...

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    Don’t Get Greedy

    by  • May 28, 2012 • patent

    Tahir Mahmood believed that he was a co-inventor of a RIM patent.  He hadn’t worked for RIM, but it was undisputed that in 1995 he provided information to RIM about his own PageMail technology. In 1998 RIM filed a patent application for the patent that in 2001 ultimately matured into U.S. Patent No. 6,219,694....

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