Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation

  • From: "Yardbird" <yardbird@xxxxxxxxxxxxxx>
  • To: <jfw@xxxxxxxxxxxxx>
  • Date: Mon, 21 May 2007 16:15:10 -0700

Personally, my money's on a pre-trial settlement as the resolution. anyone 
taking odds? :-)


----- Original Message ----- 
From: "The Scarlet Wombat" <coconut@xxxxxxx>
To: <jfw@xxxxxxxxxxxxx>
Sent: Monday, May 21, 2007 3:56 PM
Subject: Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek 
Corporation


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

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