Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- From: The Scarlet Wombat <coconut@xxxxxxx>
- To: jfw@xxxxxxxxxxxxx
- Date: Mon, 21 May 2007 18:56:19 -0400
Looking at the case law on trademark infringement, it is possible that FS
may force Serotek to change the name from Freedom Box. I consider this
absurd, but such considerations are legally irrelevant. However, I doubt
they can demonstrate damages and will have a much more difficult time
reaping any in their prayer to the court.
The court will be very interested in when FS first demanded the trade name
be changed. If it can be shown that Serotek has used the name with
impunity for several years, it will weaken the FS case, but not be a death
knell.
Trademarks and trade names are considered very valuable property and even
common words, when used in a trademark or trade name become more than just
the common words they appear to be.
From a legal standpoint alone, it is an interesting case. I suspect there
will not be an overt dismissal nor a final finding but some kind of
mediated solution along the way.
A few years ago, MacDonald's sued a bookstore with the same name. On the
surface, it appeared completely without merit as nobody in their right mind
would mistake a used bookstore for a burger joint, but they won,
nevertheless, because of the value of a trademark.
Dan
--
JFW related links:
JFW homepage: http://www.freedomscientific.com/
Scripting mailing list:
http://lists.the-jdh.com/listinfo.cgi/scriptography-the-jdh.com
JFW List instructions:
To post a message to the list, send it to jfw@xxxxxxxxxxxxx
To unsubscribe from this mailing list, send a message to
jfw-request@xxxxxxxxxxxxx with the word unsubscribe in the subject line.
Archives located at: //www.freelists.org/archives/jfw
If you have any concerns about the list, post received from the list, or the
way the list is being run, do not post them to the list. Rather contact the
list owner at jfw-admins@xxxxxxxxxxxxxx
Other related posts:
- » FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » RE: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » RE: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » RE: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » RE: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » RE: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » RE: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » RE: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » RE: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » RE: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » RE: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
- » RE: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation