Posted by MQracing [ 151.197.124.167 ] on September 14, 2005 at 09:35:11:
In Reply to: Re: Here we go again... posted by Wayne Parham on September 14, 2005 at 09:02:13:
awe... but consider that the Peerless brand name (as relates to transformers) has been in constant use since 1934. That there was a trademark federally registered in 1956. And that my wife was assigned that same trademark by the President of the Altec Lansing Corp... the very same federal registrant of record as early as 1956 and showing use of the brand name in interstate commerce back to 1934.
there is not much if any confusion at all. Everyone knows who Peerless transformers is and it sure would be interesting to see what basis Douglas could use to stake his claim of ownership on of the Peerless brand name. that he has advertised to sell reverse engineered copies at cheap prices of our products? Me thinks, that's not constructive establishment or use of a brand name but actually (as my attorney stated) points in exactly the opposite direction.
and like I said earlier... even if Wayne's hypothesis was correct (and I don't accede that point) it would still pinpoint Doug's use of the brand name as infringing on the rights of yet another party.
msl
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