• Posts Tagged ‘void ab initio’

    It’s The Details

    by  • August 28, 2017 • trademark • 0 Comments

    What a confusing ownership case (which perhaps means that the wise reader stops right here). Errors on every level, at the end of the day unrecoverable. The parties are Paradise Biryani, Inc. (PBI), Paradise Biryani Express, Inc. (Express), and Biryani Point Paradise LLC (PBB) on one side, and Paradise Hospitality Group, LLC (PHG) on...

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    “Incontestability” and Cancellation

    by  • February 13, 2017 • trademark • 2 Comments

    I previously reported on a case that managed to find a non-statutory basis for cancelling an “incontestable” trademark registration, specifically that the application for the registration was void ab initio. The plaintiff and trademark owner was NetJets, with a registered trademark for a software program INTELLIJET. The defendant was a company named Intellijet Group....

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    It’s All About the Facts

    by  • July 18, 2016 • trademark • 0 Comments

    Who the true trademark owner is, as between a member of an LLC (or shareholder of a close corporation) and the entity that the person owns, can be a vexing question. When there are only one or two owners of an entity the lines are very blurry—see here and here and here and here...

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    Working Around Incontestability

    by  • October 22, 2015 • trademark • 0 Comments

    Once a trademark is incontestable, its validity cannot be challenged except on certain limited bases. Is “void ab initio” one of them? “Void ab initio” isn’t listed in the statute as a basis for challenge, but the defendant in NetJets Inc. v. IntelliJet Group, LLC found a workaround. The plaintiff registered its trademark, INTELLIJET,...

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