Re: Can a Jr. user challenge....

Subject: Re: Re: Can a Jr. user challenge....

Comments:
: : I am negotiating an infringement settlement with another party. They have a registered trademark; I don't. They say that as a junior user that I should agree not to challenge or cancel their registration for ANY goods or services. I say that I should only agree not to challenge or cancel their registration in Class 16, which is the class we are both currently producing products in. : : I would love to hear some thoughts on this matter. Thank you. : Dear Smith, : One needs the whole picture in order to be able to evaluate. If I represented the other party I would not be eager to settle with you without getting a clean bill of health. If you do not have prior rights in other classes I would want to make sure that you would not dog my tail and prevent expansion of the use of the mark. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 3008 Johnson Ave., New York, NY 10463 : 7185430266, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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