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.

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