• Posts Tagged ‘senior user defense’

    Trademark Troll Extraordinaire

    by  • May 16, 2012 • trademark

    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...

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    The Writing on the Wall

    by  • December 12, 2010 • trademark

    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.)...

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    Senior User to One’s Self

    by  • July 14, 2009 • trademark

    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...

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