Doesn't the postal service compete then against commercial parcel services? how is this any different????? no one is banning the postal service from delivering parcels are they??!?!
what would have worked better for him would have been to go after them right away (several years ago) and then "granted permission" AT THAT TIME to show action on protection of the mark. I think he is screwed.
We had someone come after us once on a trademark infringement doodad. We had to cave as our use was after the published filing date of the claimee. However, our attorney said that had we been using it prior to the filing date, then we could probably have prevailed. Trademark's (as we determined in our effort) are much weaker should you be able to show "open" usage of the mark prior to the filing date. I would say that this may be a perfect way to put an end to this mess - just reference the AT&T docs.
IANAL - but exercise the law as laid!
Slashdot Mirror
Doesn't the postal service compete then against commercial parcel services? how is this any different????? no one is banning the postal service from delivering parcels are they??!?!
what would have worked better for him would have been to go after them right away (several years ago) and then "granted permission" AT THAT TIME to show action on protection of the mark. I think he is screwed.
We had someone come after us once on a trademark infringement doodad. We had to cave as our use was after the published filing date of the claimee. However, our attorney said that had we been using it prior to the filing date, then we could probably have prevailed. Trademark's (as we determined in our effort) are much weaker should you be able to show "open" usage of the mark prior to the filing date. I would say that this may be a perfect way to put an end to this mess - just reference the AT&T docs. IANAL - but exercise the law as laid!