Posted by J. Smith on July 03, 1998 at 07:55:49:
We went to a patent and trademark attorney to determine if we could use and trademark a certain name. A search was done and we were granted the trademark.
We were sued by a competitor for trademark infringement and lost even though the plaintiff did not have a registered trademark at the time.
Although we asked for a jury trial, the federal judge himself ruled that our name infringed on the plaintiff's and the jury was allowed only to decide if the infringement was willful.
Are there any cases where the defendant prevailed (even if it was determined he infringed) because he sought a PTO attorney for advice? Currently under appeal. Would appreciate any and all help.