senior user defense
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Trademark Troll Extraordinaire
We occasionally hear about trademark trolling, but Premier Pool Management Corp. v. Lusk takes it to a whole new level. Plaintiff Premier Pool Management Corp. (“PPMC”) offers swimming pool and spa construction services through licensees doing business as Premier Pool & Spas. It first used the PREMIER POOL & SPAS mark in 1989 and was using it in interstate… Continue reading
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The Writing on the Wall
Sometimes you should just know when to quit. Not that clients always go along with it, or that you have a choice, but some cases are just losers. The Daniel Group v. Service Performance Group, Inc. is one of those. The facts are simple – senior common law user (defendant Service Performance Group, Inc.) and… Continue reading
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Senior User to One’s Self
When a case is captioned Protech Diamond Tools, Incorporation v. Protech Diamond Tool Inc., you know that there’s a fight about who owns a mark. Protech Diamond Tool is actually the second named defendant, but you get the idea. There are at least three different “Protech” entities mentioned in the suit.* The first is non-party… Continue reading
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