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Re: Competitor's abandoned trademark

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Posted by M Arthur Auslander on May 03, 2002 at 23:32:57:

In Reply to: Competitor's abandoned trademark posted by Fielder on May 02, 2002 at 01:01:31:

: One or our competitors apparently never bothered to renew one of their trademarked names, which is a common English word. Our class of goods is the same as theirs. They still actively use it. I have read the archives and there seem to be two sides depending on whose side the lawyer is on;
: 1) Don't bother because they still use it or
: 2) Apply for it as our own since they abandoned it.
: Any thoughts?

Dear Fielder,

They still have common law rights that could get you in trouble even though they are not doing right for their best interest. That kind of thinking makes lawyers rich and clients angry.

M. Arthur Auslander

Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
ELAINE's Workshop®
E arly L egal A dvice I s N ot E xpensive(sm)

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Subject: Re: Re: Competitor's abandoned trademark

Comments:
: : One or our competitors apparently never bothered to renew one of their trademarked names, which is a common English word. Our class of goods is the same as theirs. They still actively use it. I have read the archives and there seem to be two sides depending on whose side the lawyer is on; : : 1) Don't bother because they still use it or : : 2) Apply for it as our own since they abandoned it. : : Any thoughts? : Dear Fielder, : They still have common law rights that could get you in trouble even though they are not doing right for their best interest. That kind of thinking makes lawyers rich and clients angry. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive(sm)

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Re: Competitor's abandoned trademark

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